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4. Where, on the date a person becomes eligible to join the new scheme, that person has—
(a)opted out of membership of the old scheme pursuant to regulation—
(i)B4 of the 1995 Regulations; or
(ii)2.B.5 or 3.B.5 of the 2008 Regulations; or
(b)provided their employer with a valid opt-out notice for the purposes of regulations 9 or 15 of the Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010(1) (“the 2010 Regulations”),
that person is to be treated as having also opted out under paragraph 1 of Schedule 4 to the 2015 Regulations or given notice for the purposes of the 2010 Regulations in relation to the new scheme.
S.I 2010/772. Regulation 9 has been amended by S.I. 2013/2556.
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