The National Health Service Pension Scheme (Transitional and Consequential Provisions) (Scotland) Regulations 2015

Regulation 3

SCHEDULE 1 Eligibility of pensioners

Eligibility of 1995 Section pensioners to join new scheme

1.  A person of the description in column 2 of the table is eligible to be a member of the new scheme in the circumstances or on the date specified in column 3 of the table.

Table

Column 1 Group	Column 2 Description of person	Column 3 Circumstances or date of eligibility
1	a 1995 Section member who is in receipt of an ill-health pension under regulation E2 or E3 of the 2011 Regulations who— (a) is in pensionable employment in the 1995 Section on or after 1st April 2015; or (b) who returned to pensionable employment in the 1995 Section on or before 31st March 2015 and who, if the member had been in employment with an employing authority on 1st April 2015, would have been eligible to re-join the 1995 Section.	eligible to be an active member of the new scheme on the earliest of— (a) returning from a break in service where regulation B2 of the 2011 Regulations applies; (b) reaching the member’s eligibility cessation date determined in accordance with regulation B3 of the 2011 Regulations; (c) returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulation B3 of the 2011 Regulations.
2	a 1995 Section member in receipt of a pension under regulation E2 or a Lower Tier pension under regulation E3 of the 2011 Regulations who— (a) is in further pensionable employment in the 1995 Section on or before 31st March 2015; or (b) returns to NHS employment— (i) for the first time after the pension under regulation E2 or a Lower Tier pension under regulation E3 of the 2011 Regulations became payable; (ii) on or after 1st April 2015; and (iii) is under the age of 50 on the date of return to NHS employment, eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.	and who ceases to be eligible for pensionable employment in the 1995 Section in NHS employment on or after 1st April 2015 pursuant to regulation B3 of the 2011 Regulations.
3	a 1995 Section member in receipt of an Upper Tier pension under regulation E3 of the 2011 Regulations— (a) who re-enters NHS employment; (b) whose protection period for the purposes of regulation E5 of the 2011 Regulations spans 1st April 2015 or begins on or after 1st April 2015; and (c) who is— (i) under age 50 on the day after the protection period in regulation E5(6)(b) of the 2011 Regulations ends; and (ii) not eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 2011 Regulations.	eligible to be an active member of the new scheme on the day after the protection period in regulation E5(6)(b) of the 2011 Regulations ends.
4	a 1995 Section member who is in pensionable employment on or after 1st April 2015 who— (a) becomes a pensioner member of the 1995 Section with a Lower Tier pension under regulation E3 of the 2011 Regulations from that employment; (b) subsequently re-enters NHS employment and on return is under age 50; and (c) is not eligible to re-join the 1995 Section on that day pursuant to regulation B2 or B3 of the 2011 Regulations.	eligible to be an active member of the new scheme on the day of return to NHS employment.
5	a 1995 Section member— (a) who became eligible to join the new scheme on or after 1st April 2015; (b) who became an active member of the new scheme before reaching normal benefit age under the 1995 Section; and (c) for whom the service in the 1995 Section did not qualify as or has ceased to be pensionable service to which paragraph 1(2)(i) and (ii) or paragraph 2(i) and (ii) of Schedule 7 to the 2013 Act applies.	eligible to be an active member of the new scheme, or re-join the new scheme, notwithstanding the putting into payment of the pension under the 1995 Section.
6	a 1995 Section pensioner— (a) who would have been eligible to be an active member of the 2008 Section after the completion of a waiting period as set out in regulation 2.B.2 and 3.B.2 of the 2013 Regulations but who will not be eligible to join the 2008 Section on that date pursuant to regulations 2.B.1 or 3.B.1 of the 2013 Regulations; and (b) who— (i) has not yet returned to NHS employment on 1st April 2015; or (ii) returned to NHS employment before that date but, on that date, has not completed the relevant waiting period.	eligible to be an active member of the new scheme on completion of the relevant waiting period in regulation 2.B.2 or 3.B.2 of the 2013 Regulations.

Eligibility of 2008 Section pensioners to join new scheme

2.—(1) Subject to paragraph (2), a 2008 Section pensioner member is eligible to be a member of the new scheme if that member would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.

(2) A person of the description in column 2 of the table is eligible to be a member of the new scheme in the circumstances or on the date specified in column 3 of the table.

Table

Column 1 Group	Column 2 Description of person	Column 3 Circumstances or date of eligibility
1	a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on or after 1st April 2015; or (b) other than an Upper Tier ill-health pensioner who returns to NHS employment on or after that date.	eligible to be an active member of the new scheme on return from a break in service where regulation 2.B.3(1B) or 3.B.3(1B) of the 2013 Regulations applies.
2	a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on or after 1st April 2015; or (b) other than an Upper Tier ill-health pensioner who returns to NHS employment on or after that date, and to whom regulation 2.B.3(1D) or 3.B.3(1D) of the 2013 Regulations applies.	eligible to be an active member of the new scheme on the earliest of— (a) returning from a break in service where regulation 2.B.3(1B) or 3.B.3(1B) of the 2013 Regulations applies; (b) reaching the member’s eligibility cessation date determined in accordance with regulation 2.B.3(1F) or 3.B.3(1F) of the 2013 Regulations; (c) returning from a break in service after reaching the member’s eligibility cessation date determined in accordance with regulation 2.B.3(1F) or 3.B.3(1F) of the 2013 Regulations.
3	a 2008 Section pensioner member— (a) who is also an active member of the 2008 Section on 31st March 2015; or (b) other than an upper tier ill-health pensioner who returns to NHS employment on or after that date, and ceased to be eligible to be an active member of the 2008 Section in any employment on or after 1st April 2015.	eligible to be an active member of the new scheme on the first day on or after 1st April 2015 that the member is in an employment that would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
4	an Upper Tier ill-health pensioner— (a) who returns to NHS employment and the first anniversary of that return is on or after 1st April 2015; (b) to whom regulation 2.G.5(5)(b) or 3.G.4(5)(b) of the 2013 Regulations applies; and (c) if on the first anniversary of the return to NHS employment that person is not eligible to re-join the 2008 Section pursuant to regulations 2.B.1 and 2.B.2 or 3.B.1 and 3.B.2 of the 2013 Regulations.	eligible to be an active member of the new scheme on the first day on or after the first anniversary of return to NHS employment that the member is in an employment that would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.
5	a 2008 Section member— (a) who is not eligible to be an active member of that Section in NHS employment on or after 1st April 2015; and (b) who becomes a pensioner member of that Section on or after that date.	eligible to be an active member of the new scheme on or after 1st April 2015 if that member would, apart from the operation of regulation 19(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.

(3) Paragraphs (1) and (2) apply notwithstanding a person also—

(a) being a 1995 Section pensioner; or

(b) becoming a 1995 Section pensioner after becoming eligible to be an active member of the new scheme.