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3(1)Subject to sub-paragraph (3) below, this sub-paragraph applies to—
(a)any—
(i)existing employee of the Scottish Boards; or
(ii)existing employee of a Consultative Council,
who, immediately before the transfer date, is a participant in the North Scheme or the South Scheme;
(b)any existing employee of the Scottish Boards who, after that date, participates in either scheme within three months of his attaining the minimum age for such participation;
(c)any former participant in either scheme who, after that date, participates in or acquires pension rights under either scheme in such circumstances as may be prescribed by regulations under paragraph 2 above; and
(d)any person who participates in either scheme in pursuance of regulations made under paragraph 1(1)(a) above.
(2)Subject to sub-paragraph (3) below, this sub-paragraph applies to—
(a)any person not falling within sub-paragraph (1)(c) above who, immediately before the transfer date, is not a participant in the North Scheme or the South Scheme but has pension rights under either scheme; and
(b)any person who, after that date, acquires pension rights under a relevant scheme by reason of the death of a person falling within sub-paragraph (1) or paragraph (a) above,
but only as respects the pension rights by virtue of which he falls within paragraph (a) or (b) above.
(3)Any person to whom sub-paragraph (1) or (2) above applies may elect in such manner as may be prescribed by regulations under paragraph 2 above that that sub-paragraph shall cease to apply to him; and if, otherwise than in such circumstances as may be so prescribed, any person to whom sub-paragraph (1) above applies—
(a)ceases to be in continuous employment; or
(b)voluntarily withdraws from a relevant scheme and does not forthwith—
(i)become a participant in another such scheme; and
(ii)transfer to that scheme the pension rights which have accrued to him before that time under the scheme from which he is withdrawing,
that sub-paragraph shall cease to apply to him except as respects pension rights which have so accrued.
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