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2(1)Subject to sub-paragraphs (2) and (4) below—E+W+S+N.I.
(a)no person who in consequence of a transfer scheme becomes an employee of a successor company (in this paragraph referred to as a “transferred employee”) and who immediately before the coming into force of the transfer scheme is a participant in an Authority pension scheme, shall cease to be a participant in that scheme by reason only that he has ceased to be employed by the Authority, and
(b)no transferred employee who immediately before the coming into force of the transfer scheme is not a participant in such a pension scheme, but—
(i)is eligible to become such a participant, or
(ii)would have become eligible to become such a participant on attaining an age or fulfilling a condition specified in the scheme,
shall be precluded from being or, as the case requires, becoming eligible for participation in that scheme by reason only that he has ceased to be employed by the Authority.
(2)A transferred employee shall not by virtue of sub-paragraph (1) above be entitled to participate in an Authority pension scheme at any time after he has with his agreement become a participant—
(a)in a pension scheme maintained by the successor company of which he became an employee, or
(b)by virtue of his employment by that successor company, in a pension scheme maintained by any other person.
(3)An Authority pension scheme may apply to persons, other than transferred employees, who are employed by any publicly owned successor company, as well as to—
(a)transferred employees to whom the scheme is applicable by virtue of sub-paragraph (1) above, and
(b)persons to whom the scheme is applicable apart from the provisions of this Schedule.
(4)Where a successor company ceases to be publicly owned, no person employed by the company shall, from the time when it so ceases, be entitled to participate in any Authority pension scheme by virtue of his employment with the company.
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