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6. In regulation 15 (qualifying members)—
(a)for paragraph (1) substitute—
“(1) A member or a former member of a qualifying pension scheme is a qualifying member of that scheme for the purposes of—
(a)section 286A(1) (restriction on purchase of annuities); and
(b)these Regulations,
where the conditions in paragraphs (2) to (3A) are satisfied in relation to that member or former member or would have been satisfied in relation to that member or former member had that member or former member not died before the coming into force of these Regulations.”; and
(b)after paragraph (3) insert—
“(3A) The condition in this paragraph is that the scheme’s pension liabilities have not been satisfied in full in respect of that member.”.
Section 286A was inserted by section 125(1) of the Pensions Act 2008 (c.30).
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