5.—(1) Membership of the Scheme only entitles the member to benefits if—

(a)his total membership is at least 3 months; or

(b)a transfer value is credited to him.

(2) But paragraph (1) does not apply to benefits in respect of a member under regulation 23 (death grants: active members), 24 (survivor benefits: active members) or 28 (children’s pensions: active members).

(3) Subject to paragraph (4), a member who has satisfied one of the conditions in paragraph (1) need not satisfy either of them again if he ceases to be an active member and subsequently becomes such a member again before drawing benefits under regulation 16 (normal retirement), 17 (retirement after normal retirement age), 19 (early leavers: business efficiency and redundancy), 20 (early leavers: ill-health), 30 (choice of early payment of pension) or 31 (early payment of pension: ill-health).

(4) Paragraph (3) does not apply to a member in respect of whom a transfer payment has been made under regulations 75 (rights to payment out of the fund) to 78 (calculation of amount of transfer payment under regulation 77) of the Administration Regulations.