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4. In regulation 2 (active members)(1)—
(a)for paragraph (1) substitute—
“(1) Subject to paragraph (2), the term “active member” in relation to the Scheme is to be construed in accordance with regulation 1(2) of these Regulations, regulations 3(1) (general eligibility for membership) and 9 (joining the scheme) of the Administration Regulations.”; and
(b)for paragraph (3) substitute—
“(3) But a person is not an active member unless he is employed under a contract of employment of more than 3 months’ duration, except where—
(a)he has applied for membership under regulation 9 (joining the scheme) of the Administration Regulations; or
(b)section 3 (automatic enrolment) of the Pensions (No. 2) Act (Northern Ireland) 2008(2) applies to him.”.
Regulation 2 was amended by S.R. 2010 No. 410.
2008 c.13 (N.I.); section 3 was amended by sections 6(1), 6(2) and 7(1) of the Pensions Act (Northern Ireland) 2012 (2012 c. 13 (N.I.)) and S.R. 2012 No. 240 (Article 2(1)).
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