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PART 3Scheme membership

CHAPTER 2Membership

Dual capacity membership

14.—(1) For the purpose of these Regulations, a person is a dual capacity member if the person is a member in more than one of the following capacities—

(a)an active member;

(b)a deferred member;

(c)a pensioner member;

(d)a pension credit member.

(2) In determining whether a person who is an active member is also a pensioner member, the fact that the person is an active member, and the person’s rights in that capacity, are to be disregarded.

(3) In determining whether a person who is an active member or a pensioner member is also a deferred member, the fact that the person is an active member or a pensioner member, and the person’s rights in that capacity, are to be disregarded.

Payments of benefits to dual capacity members

15.—(1) This paragraph applies if the member is a dual capacity member.

(2) The general rule is that—

(a)benefits are payable to the member under this scheme as if the member were 2 or more members (so that 2 or more pensions or lump sums are payable in respect of the one member); and

(b)the amounts payable are determined accordingly.

(3) If a person who is a pension credit member is entitled to 2 or more pension credits—

(a)benefits are payable to the person under this scheme as if the person were 2 or more persons, each being entitled to one of the pension credits (so that 2 or more pensions or lump sums are payable to the one pension credit member); and

(b)the amounts of those benefits are determined accordingly.

Eligibility for active membership

16.—(1) A person is eligible to be an active member of this scheme if the person is in scheme employment under regulation 13 (descriptions of persons in scheme employment) on or after 1st April 2015 and the terms of the person’s employment do not exclude the person from being an active member of this scheme.

This is subject to paragraph (2).

(2) A person is not eligible to be an active member of this scheme in relation to any scheme employment while the person—

(a)is a member with full protection in a connected scheme in relation to that employment; or

(b)is a member of another pension scheme in relation to that employment and the employer pays contributions to that scheme in respect of a member.

(3) A person who is so eligible becomes an active member of this scheme on the person’s first day of service on or after 1st April 2015 in scheme employment (“the person’s first day”) unless an option to the contrary is exercised.

Deferred membership

17.  A person who, on ceasing to be in pensionable service under this scheme, has not reached normal pension age and does not become a pensioner member in respect of that service, becomes a deferred member in respect of that service if—

(a)the person has at least 2 years’ qualifying service; or

(b)a transfer value payment otherwise than from another occupational pension scheme has been accepted in relation to the person under Part 8 (Transfers).