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) 200812 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.