Regulation 9 Opted-out members and active members
(1)
A member (“P”) is an “opted-out member” of the principal scheme on any day if P—
(a)
has, on or before that day, opted out of the principal scheme under regulation 10; and
(b)
has not opted back in under regulation 11.
(2)
If P retired before these Regulations came into force and opts out under regulation 10(1)(b), P is treated as always having been an opted-out member.
(3)
P is an “active member” of the principal scheme on any day if—
(a)
P is not an opted-out member;
(b)
P holds an eligible fee-paid judicial office on that day; and
(c)
if P had received a fee in P’s capacity as a holder of that office in respect of that day, the day would have been a qualifying fee-paid day.