The Local Government Pension Scheme (Administration) Regulations 2008

Further restrictions on eligibility

12.—(1) Subject to paragraph (6), if a person’s employment entitles him to belong to another public service pension scheme, or would so entitle him were it not for his age, that employment does not entitle him to be a member, unless that other scheme was made under section 7 of the Superannuation Act 1972.

(2) “Public service pension scheme” has the meaning given by section 150 of the Finance Act 2004(1).

(3) An employee of an admission body may not be a member if he is a member of another occupational pension scheme in relation to the employment in respect of which he would otherwise be eligible to be designated for membership of the Scheme under regulation 7(1) .

(4) A person may not become a member after the day before his 75th birthday.

(5) Retained or volunteer membership with a fire and rescue authority (within the meaning given by section 1 of the Fire and Rescue Services Act 2004(2)) on terms under which the retained or voluntary member is or may be required to engage in fire-fighting does not entitle the member to be a member of the Scheme.

(6) A person may be a member of the Scheme despite being entitled to be a member of the National Health Service Pension Scheme for England and Wales (“the NHS Scheme”) if—

(a) his entitlement to be a member of the NHS Scheme is by reason of his employment by—

(i) a Care Trust; or

(ii) an NHS Scheme employing authority as a result of a prescribed arrangement under section 75 of the National Health Service Act 2006(3);

(b) he is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and a Care Trust or NHS Scheme employing authority; and

(c) he was an active member of the Scheme immediately before his employment by the Care Trust or by the NHS Scheme employing authority.

(1)

2004 c.12.

(2)

2004 c.21.

(3)

2006 c.41.