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13. After Note 6 to the Table in Part 2 of Schedule 4, insert—
1. This paragraph applies to—
(a)any deferred or pensioner member affected on or after 1st April 2010, by the abolition of a local probation board (“LPB”); and
(b)any active member who transfers on or after 1st April 2010 to a probation trust in accordance with a staff transfer scheme made under Schedule 2 to the Offender Management Act 2007(1).
2.—(1) These Regulations apply to a member to whom paragraph 1 applies (“a LPB member”) subject to the modifications to regulation 30 (appropriate funds) set out in sub-paragraph (2).
(2) For paragraph (1) of regulation 30, substitute—
“(1) The appropriate fund for a LPB member or a person who is entitled to any benefit in respect of a person who has been a LPB member is—
(a)in the case of an active member, the fund identified by applying paragraph 8 of the Table in Part 1 of Schedule 4;
(b)in the case of a deferred or pensioner member, the fund managed by the administering authority for the probation trust to which that member would have transferred had the member not ceased to be an active member before 1st April 2010;
(c)in the case of a person who is entitled under the Benefits Regulations in respect of a LPB member, the fund managed by the administering authority for the probation trust to which that member would have transferred had the member not ceased to be an active member before 1st April 2010.”.
3. Where the effect of a modification under paragraph 2 is that an administering authority ceases to manage a LPB member’s appropriate fund, regulation 86 (changes of fund) shall apply in respect of a deferred or pensioner member as it applies in respect of an active member.”.
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