The National Health Service Pension Scheme Regulations 2008

3.B.1    Eligibility: general

(1) A person is eligible to be an active member of the Scheme if conditions A to C are met and the person is not prevented by regulation 3.B.2, 3.B.3 or 3.B.6.

(2) Condition A is that the person is in practitioner service.

(3) Condition B is that the person—

(a) enters practitioner service on or after 1st April 2008 and meets any one of the other scheme conditions (see paragraph (5)), or

(b) entered that service before that date and on that date was not an active member of the NHS Pension Scheme 1995 in that service or any other NHS employment.

(4) Condition C is that the person has not reached the age of 75.

(5) The “other scheme conditions” are that—

(a) the person has not previously been an active member of the NHS Pension Scheme 1995;

(b) the person ceased to be an active member of the NHS Pension Scheme 1995 at least 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Scheme;

(c) the person ceased to be an active member of the NHS Pension Scheme 1995 less than 12 months before entering the employment mentioned in paragraph (3)(a) or (b) without becoming a pensioner member or a deferred member of that Scheme and has received a repayment of contributions in respect of that membership; or

(d) the person ceased to be an active member of the NHS Pension Scheme1995 on leaving NHS employment and before the person re-entered such employment—

(i) a transfer payment was made in respect of the person under Part M of that Scheme, or

(ii) the person made an application under regulation M2 of that Scheme (exercising a right to transfer or buy-out) from which the person may not withdraw,

(e) but sub-paragraph (d) will not apply if the Secretary of State has permitted such a person to rejoin the NHS Pension Scheme 1995 in the circumstances described in regulation B2(3) of the NHS Pension Scheme regulations 1995.

(6) This regulation shall apply to any person who has previously been an active member of a corresponding health service scheme as though in paragraph (3) and (5) any reference to—

(a) “NHS Pension Scheme 1995” includes a reference to that corresponding health service scheme, and

(b) “NHS employment” includes a reference to—

(i) employment with an employer in respect of whom a direction has been made under section 7 of the Superannuation (Miscellaneous Provisions) Act 1967(1),

(ii) employment to which regulations made under section 10 of the Superannuation Act 1972(2) and having effect in Scotland apply,

(iii) employment to which regulations made under Article 12 of the Superannuation (Northern Ireland) Order 1972(3) apply,

(iv) employment to which a scheme made under section 2 of the Superannuation Act 1984 (an Act of Tynwald)(4) applies, and

(v) employment with an employer with whom an agreement has been made under section 235 of the 2006 Act.

(1)

1967 c.28.

(2)

1972 c. 11.

(3)

S.I. 1972/1073.

(4)

1984 c. 8 (Tynwald).