Amendment of regulation S2
11. After sub-paragraph (b) of paragraph (15) of regulation S2 (reduction of pension on return to NHS employment)(1), add—
“(c)a person in respect of whom a pension is payable under any of regulations E1 to E5 and L1 who was employed by an Independent Provider on both the day that Provider’s approval as an employing authority takes effect in accordance with Schedule 2B (“the effective date”) and the day immediately before the effective date, and who—
(i)was ineligible to rejoin this Section of the scheme on the effective date and remains ineligible to do so;
(ii)made an election not to rejoin this Section of the scheme with effect from the effective date and has not cancelled it; or
(iii)was ineligible to rejoin this Section of the scheme on the effective date and became eligible to do so on the day immediately following the expiry of the protection period in regulation E2C(6)(b) (“the day of eligibility”), but who has made an election not to rejoin with effect from the day of eligibility and that election remains operative.”.
Paragraph (15) was substituted by S.I. 2008/654 (regulation 57).