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19. After regulation 2.B.2(5) (restrictions on eligibility: general), add–
“(6) Subject to paragraph (7), a person is not eligible to be an active member of the scheme in any future employment if the person–
(a)ceases to be entitled to a lower tier ill health pension under regulation 2.D.8; and
(b)becomes entitled to an upper tier ill health pension under that regulation on the date the Scottish Ministers make a determination under regulation 2.D.9(3).
(7) A person to whom paragraph (6) applies is eligible to be an active member of the scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Scottish Ministers' determination under regulation 2.D.9.”.
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