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PART 3 E+WScheme membership

CHAPTER 2E+WMembership

Eligibility for active membershipE+W

19.—(1) A person (P) is eligible to be an active member of this scheme if—

(a)P is in an eligible employment; and

(b)P has reached 16 and has not reached 75.

(2) P is not eligible to be an active member of this scheme if

[F1(a)P is employed in an accepted school in which P has a financial interest;

(b)P is a full protection member of the existing scheme;

(c)P is a tapered protection member of the existing scheme; or

(d)P satisfies the conditions in regulation 7(10) of the existing scheme regulations.]

(3) In this regulation—

a financial interest” does not include the right to receive a salary; and

accepted school” has the meaning given in paragraph 2 of Schedule 1.

More than one employmentE+W

20.  A person may be an active member of this scheme in relation to more than one employment.

Dual capacity membershipE+W

21.—(1) A person is a dual capacity member of this scheme if the person is a member in 2 or more of the following capacities—

(a)an active member;

(b)a deferred member;

(c)a pensioner member.

(2) In determining whether a person who is an active member is also a pensioner member, the fact that the person is an active member and the person's rights in that capacity are to be disregarded.

(3) In determining whether a person who is an active member or a pensioner member is also a deferred member, the fact that the person is an active member or a pensioner member and the person's rights in that capacity are to be disregarded.

Payment of retirement benefits to dual capacity membersE+W

22.  Retirement benefits under this scheme are payable to a dual capacity member as if the member were 2 or more members and the amounts payable are determined accordingly M1.

Marginal Citations

M1The result is that 2 or more pensions or lump sums may be payable in respect of the one member.