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3.—(1) A scheme is established for the payment of pensions and other benefits to or in respect of—
(a)civil servants(1); and
(b)persons to whom this scheme may potentially relate by virtue of paragraph (2) and in respect of whom the Minister makes a determination under section 25(5) of the Act.
(2) This scheme may potentially relate to the following persons—
(a)a person who holds an employment which is remunerated out of money provided by Parliament, the Consolidated Fund or the Scottish Consolidated Fund;
(b)a person who holds an employment which is remunerated out of a fund established by or under an Act of Parliament;
(c)a person who is a member of staff of a statutory body, or the holder of a statutory office, if that body or office is listed in Schedule 10 to the Act or has been listed previously in that Schedule;
(d)a person who holds an employment which is listed in Schedule 1 (kinds of employment etc. referred to in section 1) to SA 1972(2);
(e)a person who holds an employment which is specified in an enactment as an employment to which the PCSPS relates or to which this scheme may potentially relate;
(f)a person who holds an employment which is specified in a list produced for the purpose of section 1(4A) (superannuation schemes as respects civil servants etc.) of SA 1972(3);
(g)a person to whom the scheme relates by virtue of sub-paragraphs (a) to (e) and by virtue of a previous determination under section 25(5) of the Act, who ceases to hold an employment mentioned in any of sub-paragraphs (a) to (e);
(h)a person who, at any time before or after these Regulations come into force—
(i)ceased to be a civil servant; or
(ii)ceased to hold an employment which was at the time the person ceased to hold that employment listed in Schedule 1 to SA 1972.
(3) If the Minister makes a determination under section 25(5) of the Act in relation to a person mentioned in paragraph (2)(f) to (h), the person is not eligible to be an active member of this scheme unless the person meets the conditions of eligibility set out in regulation 16.
See paragraph 1 of Schedule 1 to the Act for the meaning of “civil servants”.
Schedule 1 was last amended by S.I. 2014/555.
Section 1(4A) was inserted by the Public Service Pensions Act 2013 (c. 25) Schedule 9 paragraphs 1 and 2.
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