The National Health Service Pension Scheme Regulations 2008

2.B.2    Restrictions on eligibility: general

(1) A person who is entitled to the immediate payment of a pension under the Scheme under a regulation that requires the person not to be in NHS employment may only be an active member in accordance with—

(a) regulation 2.D.5 (parital retirement (members aged at least 55)),

(b) regulation 2.G.4 (effect of re-employment on tier 2 ill-health pensions),

(c) regulation 2.D.13 (exceptions to requirement that NHS employment must have ceased), or

(d) Chapter 2.G.

(2) A person is not eligible to be an active member of the Scheme if the person—

(a) became a pensioner member of the NHS Pension Scheme 1995 before 1st April 2008, or

(b) became a pensioner member or a deferred member of that Scheme on or after that date.

(3) A person is not eligible to be an active member of the Scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972 in respect of service in that employment.

(4) A person who is employed by a GDS or PDS contractor (other than a dentist performer) is not eligible to be an active member of the Scheme in respect of service in that employment.

(5) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him to be a member of the Scheme is not eligible to be an active member of the Scheme.

(6) A person is not eligible to be an active member of the Scheme in any further employment if the person—

(a) becomes entitled to a tier 2 pension under regulation 2.D.8, and

(b) opts to exchange that pension for a lump sum in accordance with regulation 2.D.15.