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

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

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

that break in service is for any one period of five years or more;

that person receives a repayment of contributions under regulation 2.C.18 in respect of the person’s service before that break (see regulation 2.B.1(3)(a));

that person becomes entitled to a repayment of contributions under regulation 2.C.18 by virtue of paragraph (2)(a) to (c) of that regulation in respect of the person’s service before that break; or

that person’s rights under this Section of the scheme in respect of service before that break have been extinguished under regulation 2.F.7 because a transfer value payment is made in respect of them.

is on 1st April 2015 an active member of this Section of the scheme in accordance with regulation 2.B.1; or

returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

who on 1st April 2012 has attained the age of 51 years and 7 months but has not attained the age of 55; and

whose eligibility cessation date has not been reached (see paragraph (1F)).

is on 1st April 2015 an active member of this Section of the scheme in accordance with regulation 2.B.1; or

returns to NHS employment on or after 2nd April 2015 in circumstances where paragraph (1B)(a) does not apply.

that person was previously an active member of a corresponding 2008 scheme;

the regulations governing that corresponding scheme include provisions pursuant to subsection (5) of section 18 of the 2013 ActF3or subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of F4those sections, and

pursuant to those provisions, the member would have been eligible to re-join that corresponding scheme if the member had returned to NHS employment for the purposes of that scheme on the day the member commenced NHS employment within the meaning of these Regulations.

that person was previously an active member in respect of service in an existing scheme (within the meaning of Schedule 5 to the 2013 ActF5or Schedule 5 to the 2014 Act);

that person is not receiving a pension in respect of that service on the relevant day;

the regulations of that existing scheme include provisions pursuant to subsection (5) of section 18 of the 2013 ActF6or subsection (5) of section 18 of the 2014 Act that provide for exceptions to subsection (1) of F7those sections;

pursuant to those provisions, the person would have been eligible to be an active member of the existing scheme if the member had returned to employment for the purposes of that scheme on the relevant day; and

the member would, if the member’s previous service in the existing scheme had been previous service under this Section of the scheme, have been eligible for active membership of this Section of the scheme on the relevant day pursuant to paragraphs (1A) to (1G).

is irrevocable;

must be given to the Scottish Ministers before the date specified by the Scottish Ministers in the election form;

is to be treated as having been given on the date the election form is received by the Scottish Ministers.

that member is to be treated as if that member had been an active member of the 2015 Scheme; and

contributions made in respect of the member in the 2008 Section shall be treated as if they had been contributions made in respect of that member in the 2015 Scheme.

became a pensioner member of the 1995 Section or a corresponding 1995 scheme before 1st April 2008 (except if regulation 2.B.2(1)(b)(i) (eligibility: transitional) applies to that person F1or that person became an active member of this Section of the scheme before reaching normal benefit age for the purposes of the 1995 Section);

became a pensioner member of the 1995 Section or a corresponding 1995 scheme on or after that date (except if regulation 2.B.2(1)(b)(i) or (ii) (eligibility: transitional) applies to that person); or

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

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).

ceases to be entitled to a lower tier ill health pension under regulation 2.D.8; and

becomes entitled to an upper tier ill health pension under that regulation on the date the Scottish Ministers make a determination under regulation 2.D.9(3) (re-assessment of entitlement to an ill health pension).