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12. For regulation 3 (general eligibility for membership)(1), substitute—
“3.—(1) A person may only be an active member of the Scheme if he is employed by an employing authority under a contract of employment of a duration of 3 months or more, except where—
(i)he has applied for membership under regulation 9 (joining the scheme); or
(ii)section 3 (automatic enrolment) of the Pensions (No. 2) Act (Northern Ireland) 2008(2) applies to him.
(2) Subject to paragraph (1)—
(a)this regulation, or any of regulations 4 (employees of community admission bodies) to 6 (admission agreements – further provisions) enables him to be one; and
(b)regulation 2(2) (active members) of the Benefits Regulations applies to him,
and he is not prevented by regulation 8 (further restrictions on eligibility).
(3) Subject to paragraph (1), a person may be an active member if he is employed by an employing authority.”.
Regulation 3 was amended by S.R. 2010 No. 410.
2008 c.13 (N.I.); section 3 was amended by 2012 c. 3 (N.I.) and S.R. 2012 No. 240.
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