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Regulation 9 Opted-out members and active members

Original text. Later amendments are not shown.

(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.