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The National Health Service Pension Scheme (Scotland) Regulations 2008

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2.B.2—(1) A person who is entitled to the immediate payment of a pension under the scheme under a regulation that requires the person not to be in NHS employment may only be an active member in accordance with–

(a)regulation 2.D.5 (partial retirement (members aged at least 55));

(b)regulation 2.D.13 (exceptions to requirement that NHS employment must have ceased); or

(c)Chapter 2.G (re-employment and rejoining the scheme).

(2) A person is not eligible to be an active member of the scheme if the person–

(a)became a pensioner member of the NHS superannuation scheme for Scotland 1995 before 1st April 2008; or

(b)became a pensioner member or a deferred member of that scheme on or after that date.

(3) A person is not eligible to be an active member of the scheme in respect of service in an employment if the person is an active member of a superannuation scheme established under section 1 or 9 of the Superannuation Act 1972(1) in respect of service in that employment.

(4) A person who holds an honorary appointment and does not at the same time hold any other employment which entitles him or her to be a member of the scheme is not eligible to be an active member of the scheme.

(5) A person is not eligible to be an active member of the scheme if the person–

(a)becomes entitled to an upper tier ill health pension under regulation 2.D.8 (early retirement on ill health (active members); and

(b)opts to exchange that pension for a lump sum in accordance with regulation 2.D.15 (option for members in serious ill health to exchange whole pension for lump sum).

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