The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009

New regulation 2.B.1A

18.  After regulation 2.B.1 (eligibility: general), insert—

“2.B.1A    Eligibility: transitional

(1) A person is eligible to be an active member of this Section of the Scheme if—

(a) the Secretary of State has accepted that person’s option to join this Section of the Scheme under Chapter 2.K, and

(b) that person is not prevented by regulation 2.B.2, 2.B.3 or 2.B.6 from doing so.

(2) If a person referred to in paragraph (1)—

(a) is entitled to a tier 1 ill-health pension under regulations E2A(3)(a) of the 1995 Regulations (ill-health pension on early retirement), and

(b) as the result of a determination made by the Secretary of State under regulation E2B(3) of those Regulations (re-assessment of ill health condition determined under regulation E2A), that person becomes entitled to a tier 2 ill-health pension in place of that tier 1 ill-health pension,

that person shall cease to be eligible to be an active member of this Section of the Scheme from the date the Secretary of State makes that determination.”.