# The Judicial Pensions (Fee-Paid Judges) Regulations 2017, 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.

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Source: https://www.legislation.gov.uk/ukdsi/2017/9780111154953/regulation/9 (the official version)
Page: https://openlegislation.uk/draft-judicial-pensions-fee-paid-judges-regulations-2017/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.