Membership of the 2014 Scheme
5.—(1) A person who is an active member of the 2008 Scheme in an employment immediately before 1st April 2014 becomes an active member of the 2014 Scheme on 1st April 2014 in that employment provided the person is eligible for membership of the 2014 Scheme on that date.
(2) Paragraph (1) does not apply to a person who ceases to be an active member on 31st March 2014 by virtue of regulation 14 of the Administration Regulations (ending of membership) and these Regulations apply to any such person as if that person is not an active member immediately before 1st April 2014.
(3) Notwithstanding regulation 3(3) of the 2013 Regulations (active membership), a person who is eligible to be an active member of the 2008 Scheme immediately before 1st April 2014 who is not a member of the 2008 Scheme, does not become a member of the 2014 Scheme on 1st April 2014 unless that date is the automatic enrolment date for that member.
(4) If any person has notified an employer under regulation 14(2) of the Administration Regulations before 1st April 2014 of a wish to leave the 2008 Scheme, but would not (apart from this paragraph) have ceased to be an active member immediately before 1st April 2014—
(a)paragraph (1) does not apply to that person;
(b)the person’s active membership ceases on 31st March 2014; and
(c)these Regulations apply to that person as if that person is not an active member immediately before 1st April 2014.
(5) A person who was a deferred member of one of the Earlier Schemes whose benefits under those Schemes have not come into payment and who becomes an active member of the 2014 Scheme by virtue of regulation 3(1) of the 2013 Regulations (active membership) without a disqualifying break, may choose, by notice in writing to the appropriate administering authority within 12 months of becoming a member of the 2014 Scheme, to be treated as if he or she had become an active member of the 2014 Scheme by virtue of paragraph (1).
(6) A disqualifying break for the purposes of paragraph (5) is a continuous break of more than five years in active membership of a public service pension scheme.
(7) A designation by a body of an employee or class of employees as being eligible for membership of the 2008 Scheme pursuant to regulations 4 (general eligibility for membership), 7 (admission agreements: further provisions), 8 (eligibility for membership of employees of other bodies not listed in Schedule 2), 8B (eligibility for membership: employees of Newcastle International Airport Limited)(1) or 12(6) (further restrictions on eligibility: admission agreements with certain NHS bodies) of the Administration Regulations has effect as a designation as being eligible for membership of the 2014 Scheme.
Regulation 8B was inserted by S.I. 2012/1989.