The Local Government Pension Scheme Regulations 2013

Restriction on eligibility for active membership

4.—(1) Subject to paragraph (2) the following are not entitled to be active members in an employment—

(a) a person entitled to membership of another public service pension scheme in relation to that employment;

(b) a person aged 75 or over; or

(c) an employee of an admission body who is a member of another occupational pension scheme in relation to that employment.

(2) Paragraph (1)(a) does not apply to a person who is entitled to be a member of a National Health Pension Scheme (“an NHS Scheme”) for England and Wales if—

(a) the person’s entitlement to be a member of an NHS Scheme is by reason of employment by—

(i) a Care Trust designated under section 77 of the National Health Service Act 2006(1),

(ii) an NHS Scheme employing authority as a result of a prescribed arrangement under section 75 of that Act, or section 33 of the National Health Service (Wales) Act 2006(2), or

(iii) the Care Quality Commission as a result of a transfer of employment from the Commission for Social Care Inspection, in connection with its dissolution under Part 1 of the Health and Social Care Act 2008(3);

(b) the person is designated, or belongs to a class of employees that is designated as eligible for membership of the Scheme in an admission agreement made between an administering authority and one of the bodies specified in sub-paragraph (a)(i) to (iii);

(c) the person was an active member immediately before becoming employed by one of those bodies; and

(d) the person is not an active member of an NHS Scheme in relation to that employment.

(3) Paragraph (1)(a) does not apply to a member on reserve forces service leave who is entitled to be a member of the Armed Forces Pension Scheme if the member makes an election to the Scheme employer to remain a member of the Scheme.

(1)

2006 c. 41. Section 77 has been amended by the Health and Social Care Act 2012 (c. 7).

(2)

2006 c. 42.

(3)

2008 c. 14.