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28. For paragraph (2) of regulation 2.B.2 (restrictions on eligibility: general), substitute—
“(2) A person is not eligible to be an active member of this Section of the Scheme if the person—
(a)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or before, 1st April 2008 (except if paragraph (1)(b)(i) of regulation 2.B.1A applies to that person); or
(b)became a pensioner member of the 1995 Section or a corresponding 1995 scheme on, or after, that date (except if paragraph (1)(b)(i) or (ii) of regulation 2.B.1A applies to that person); or
(c)is a deferred member of the 1995 Section or a corresponding 1995 scheme, but is not a deferred member—
(i)to whom regulation 2.B.1(5)(e), (f), (g) or (h) applies; and
(ii)in respect of whom permission of the Scottish Ministers to rejoin the 1995 Section has not been granted pursuant to regulation B2(3) of that Section (restrictions on membership).”.
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