3.B.2.—(1) A person is eligible to be an active member of this Section of the scheme if—
(a)the person is not prevented from being so by regulation 3.B.3 (restrictions on eligibility: general), 3.B.4 (concurrent employment) or 3.B.7 (restriction on further participation); and
(b)either—
(i)the Scottish Ministers have accepted that person’s option to join this Section of the scheme under Chapter 3.K (2008 Section Optants); or
(ii)that person meets all of the requirements in paragraph (2).
(2) Subject to the following paragraphs of this regulation, the requirements are that the person—
(a)is under age 75;
(b)was an active member of the 1995 Section on or after 1st April 2008;
(c)became a pensioner member of the 1995 Section on or before 1st October 2009;
(d)has either—
(i)returned to NHS employment since becoming a pensioner member referred to in sub-paragraph (c); or
(ii)commenced NHS employment for the first time; and
(e)is not eligible to be an active member of the 1995 Section in respect of the employment referred to in sub-paragraph (d).
(3) A person referred to in paragraph (2) is eligible to be an active member of this Section of the scheme from the day immediately following the end of Waiting Period A, if that person is entitled to a pension under one of the following regulations of the 2011 Regulations—
(a)E1 (normal retirement pensions);
(b)E3(3)(a) (lower tier ill health pension on early retirement (post 1st April 2008));
(c)E7 (early retirement pension (redundancy etc. new starters and post-transition)); or
(d)E11 (early retirement pension (with actuarial reduction)).
(4) A person referred to in paragraph (2) is eligible to be an active member of this Section of the scheme from the day immediately following the longer of Waiting Period A and Waiting Period B if that person is entitled to a pension under one of the following regulations of the 2011 Regulations—
(a)E2 (early retirement pension on ill health grounds (pre 1st April 2008)); or
(b)E6 (early retirement pension (redundancy etc.)).
(5) If a person referred to in paragraph (2) is entitled to a pension under regulation E3(3)(b) (upper tier ill health pension on early retirement (post 1st April 2008)) of the 2011 Regulations, that person is eligible to be an active member of this Section of the scheme from the day immediately following whichever of the following occurs last—
(a)the anniversary of that person entering NHS employment; or
(b)the end of Waiting Period A.
(6) A person to whom paragraph (1)(b)(i) or (3)(b) applies who is entitled to a lower tier ill health pension under regulation E3(3)(a) of the 2011 Regulations, ceases to be eligible to be an active member of this Section of the scheme from the date the Scottish Ministers make a determination that the person is entitled to an upper tier ill health pension in place of that lower tier ill health pension under regulation E4(3) (re-assessment of ill health condition determined under regulation E3) of those Regulations.
(7) In this regulation—
“Waiting Period A” means a period of two calendar years beginning on the day the person becomes entitled to the pension under the 2011 Regulations; and
“Waiting Period B” means a period beginning on the day the person becomes entitled to the pension under the 2011 Regulations equal to the calendar length of—
any increase in the person’s pensionable service in the 1995 Section which has been applied in accordance with regulation E2(3) (early retirement pension on ill health grounds (pre 1st April 2008)) of the 2011 Regulations; or
any additional service with which the person has been credited in accordance with regulation 5 of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003(1).
(8) This regulation applies to any person who has previously been an active member of a corresponding 1995 scheme as though any reference to—
(a)the “1995 Section” includes a reference to that corresponding 1995 scheme;
(b)the “2011 Regulations” includes a reference to any regulations, orders, rules or other instruments governing that corresponding 1995 scheme;
(c)regulations “E1”, “E2”, “E3”, “E4(3)”, “E6”, “E7”, “E7(3)(a)”, “E7(3)(b)” or “E11” includes the equivalent of those regulations in a health service scheme the provisions of which correspond to the 2011 Regulations; and
(d)“regulation 5 of the National Health Service (Compensation for Premature Retirement) (Scotland) Regulations 2003” includes the equivalent of that regulation as it applies to a member of a corresponding 1995 scheme.
S.S.I. 2003/344, amended by S.S.I. 2005/445, 512 and 544, 2006/561, 2008/92 and 225 and 2011/211 and 364.