38. After paragraph (5)(f) of regulation 3.B.1 (eligibility: general), add—
“(g)the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations (opting out of the Scheme) and—
(i)as a result of that notice has been treated as ceasing to be an active member of that Section, and
(ii)pursuant to that notice remains opted-out of that Section for 5 years or more;
(h)the person is a deferred member of the 1995 Section who has given notice for the purposes of paragraph (1) or (1A) of regulation B4 of the 1995 Regulations (opting out of the Scheme) and following that notice, has ceased to be an active member of that Section for any one period of five or more years comprising the aggregate of—
(i)any period during which the person leaves NHS employment, and
(ii)any period during which the person is treated as never having been an active member of that Section in accordance with paragraph (3) of regulation B4 of those Regulations in respect of one or more later periods of NHS employment entered into after having given the notice for the purposes of paragraph (1) or (1A) of that regulation;
(i)the person—
(i)has given notice for the purposes of regulation B4 of the 1995 Regulations (opting-out of the scheme) and as a result of that notice all of that person’s NHS employments ceased to be pensionable employment for the purposes of those Regulations,
(ii)is not entitled to a pension (including a deferred pension) under those Regulations, and
(iii)has been treated as ceasing to be in pensionable employment under the 1995 Regulations for a period of 12 months or more;
(j)the person—
(i)has given notice for the purposes of regulation B4 of the 1995 Regulations (opting-out of the scheme) and as a result of that notice all of that person’s NHS employments ceased to be pensionable employment for the purposes of those Regulations,
(ii)is not entitled to a pension (including a deferred pension) under those Regulations, and
(iii)has, in respect of the NHS employments referred to in (i), either received a repayment of contributions or exercised the right to a transfer payment under Part M of those Regulations,”.