SECTION 1: TITLE, SCOPE AND MEMBERSHIP
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Membership
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Eligibility for membership
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| 1.04 |
With effect from 6 April 1988 (or 1 April 2005 in the case of employees of the Civil Nuclear Police Authority, the Health Protection Agency and eligible employees, directors and other officers of the Designated BNFL Companies), and with the exceptions and limitations described in Rules 1.05, 1.06 and 1.07, the following are or have been eligible to participate in the Scheme:
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(a) |
(i) |
each employee of an employer;
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(ii) |
any Member of the Authority who, under Paragraph 7(3) of the
First Schedule to the Atomic Energy Authority Act 1954, is treated as if
his service as a Member were service as an officer or a person employed
by the Authority;
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(iii) |
prior to 1 April 2005 any Member of the National Radiological Protection Board who, under Paragraph 13(4) of Schedule 1 to the Radiological Protection Act 1970, is treated as if his service as a Member were service as an officer or a person employed by the Board;
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(iv) |
any person who has retired prematurely and to whom Appendix
8 has been applied who is engaged by an employer or by his former employer,
whether under a contract of service or otherwise; and in the case of such
a person, any reference in the Scheme to employment or re-employment shall
be construed so as to include the arrangements under which such a person
is engaged.
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(b) |
In the case of an employee who enters employment outside the
United Kingdom, the Authority may at their discretion impose conditions
upon his eligibility to become a member of the Scheme, including a condition
empowering the Authority to determine the amount of his salary, from time
to time, for the purpose of computing contributions and benefits under the
Scheme, at a figure differing from the salary payable in respect of his
employment.
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(c) |
Any person who has at any time been a member of the Scheme
in accordance with Rule 1.01 shall be deemed to remain a member thereof
for the purposes of payment of any benefit which may be due or become due
to him or his dependants or his legal personal representatives and for the
purposes of any other action which may be taken under the Rules or the Former
Rules in relation to such benefit, but not otherwise.
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Exclusions from membership
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| 1.05 |
(1) |
An employee is not eligible to become (or, as the case may
be, to remain) a member of the Scheme if he is:
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(i) |
an employee whose contract of service provides that his employment
is not to be regarded as pensionable; or
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(ii) |
an employee who is a member of either:
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(a) |
the Federated Superannuation Scheme for Nurses and Hospital
Officers; or
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(b) |
a scheme within the Federated Superannuation System for Universities;
or
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(c) |
the Authority’s Superannuation (Special Classes) Scheme; or
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(d) |
an employee who is a member of the Authority’s Protected Persons
Superannuation Scheme; or,
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(iii) |
an employee who participates in any other pension scheme of
his employer; or in the case of a former non industrial employee except
as provided under Rule 3.41 or Rule 3.42 of this Scheme
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(iv) |
a part-time employee who:
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(a) |
prior to 1 January 1995 was employed for less than 15 hours
per week unless his service qualifies under Rule 3.02; or
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(b) |
was employed before 1 January 1985 for less than 18 hours
per week, unless he has exercised an option granted to him by the Authority
to enter the Scheme on that date or has otherwise become a member of the
Scheme in accordance with the Rules; or
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(v) |
an employee who, having been in employment before 1 April
1974 (or 1 September 1973 in the case of a former non industrial scheme
member) and ineligible under the Former Rules for membership of the Scheme
by reason of not having been in full-time employment, or by reason of having
attained the age of 55 if a man or 50 if a woman before commencing employment,
did not exercise an option granted to him by the Authority to enter the
Scheme; or
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(vi) |
an employee whose employment under his current contract of
service began before 1 January 1959, unless he enter the Scheme under Former
Rule 5 (with an effective date of entry into the Scheme as specified therein)
or exercised an option to enter the Scheme granted to him by the Authority
in 1974; or (in the case of a former non industrial employee who was in
employment before 1 February 1976) under the age of 18 unless, having been
under that age on 1 June 1972, he has exercised an option granted to him
by the Authority to enter the Scheme, or be deemed to have entered it, at
an earlier age; or
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(vii) |
subscribing to any other pension arrangement which satisfies
the requirements prescribed by Statute.
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