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2.B.5.—(1) Subject to paragraph (3), a person in NHS employment who is eligible to be an active member of this Section of the scheme, becomes such a member, unless absent from work for any reason, on either—
(a)the commencement of the person’s employment; or
(b)where the person has previously opted out of this Section of the scheme under regulation 2.B.6(1) and is a person to whom section 3 (automatic enrolment) or section 5 (automatic re-enrolment) of the 2008 Act applies, on that person’s—
(i)automatic enrolment date; or
(ii)automatic re-enrolment date, except where the notice referred to in regulation 2.B.6(1) was given within the period of 12 months immediately preceding that date.
(2) A person who is eligible to be such a member by virtue of falling within regulation 2.B.1(3)(b) (eligibility: general) may opt to become such a member by giving notice in writing to the employing authority.
(3) A person who has previously exercised an option to opt out of this Section of the scheme in accordance with regulation 2.B.6(1) in respect of an employment in which that person was an active member, and who remains eligible to be an active member in respect of that employment, may opt to join or re-join this Section of the scheme by giving notice in writing to the employing authority in such form as the Scottish Ministers require.
(4) A notice under paragraph (3) takes effect—
(a)from the beginning of the first pay period to begin after the notice is received by the employing authority; or
(b)if the notice specifies a date that is the first day of a later pay period, from that date.
(5) A notice under paragraph (3) may not be given by a person who is absent from work for any reason.
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