PART 2PRINCIPAL SCHEME MEMBERSHIP

Opted-out members and active members9

1

A member (“P”) is an “opted-out member” of the principal scheme on any day if P—

a

has, on or before that day, opted out of the principal scheme under regulation 10; and

b

has not opted back in under regulation 11.

2

If P retired before these Regulations came into force and opts out under regulation 10(1)(b), P is treated as always having been an opted-out member.

3

P is an “active member” of the principal scheme on any day if—

a

P is not an opted-out member;

b

P holds an eligible fee-paid judicial office on that day; and

c

if P had received a fee in P's capacity as a holder of that office in respect of that day, the day would have been a qualifying fee-paid day.