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1.—(1) This Part applies where a person (P)—
(a)is a member of an existing scheme listed in paragraphs 2 to 15 of Schedule 5 (existing pension schemes) to the Act, whether by virtue of pensionable service for that scheme or deemed transfer scheme service under paragraph 2 of Schedule 7 (final salary link) to the Act;
(b)is a member of this scheme by virtue of pensionable service under this scheme; and
(c)is a person to whom paragraph 1 or 2 of Schedule 7 to the Act applies by virtue of that person’s pensionable service for this scheme, and whose final salary falls for the purposes of the old scheme to be determined by reference to that paragraph.
(2) This Part also applies where a person (P)—
(a)is a member of the Fee-Paid Judges Scheme by virtue of pensionable service under that scheme;
(b)is a member of this scheme by virtue of pensionable service under this scheme; and
(c)P’s service in the Fee-Paid Judges Scheme and service in the new scheme are continuous.
(3) In this Part “the old scheme” means a scheme referred to in sub-paragraph (1)(a) or (2)(a) of which P is a member.
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