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17. In regulation 22 (Restrictions on eligibility: general) after paragraph (6), add—
“(7) A person is not eligible to be an active member of the Scheme in any future employment if the person—
(a)ceases to be entitled to a tier 1 ill-health pension under regulation 52; and
(b)becomes entitled to a tier 2 ill-health pension under that regulation on the date the Department makes a determination under regulation 53(3).
This is subject to paragraph (8).
(8) A person to whom paragraph (7) applies is eligible to be an active member of the Scheme in any further employment after the first anniversary of that person’s first day of such employment following the date of the Department’s determination under regulation 53.”.
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