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22. In paragraph 1 of Schedule 1 (eligibility of 1995 Section pensioners to join new scheme)(1), at the end of the table insert—
“9 | a 1995 Section pensioner in receipt of a tier 2 pension under regulation E2A of the 1995 Regulations— (a) who returns to NHS employment and the first anniversary of that return is on or after 1st April 2023; and (b) whose protection period for the purposes of regulation E2C of the 1995 Regulations spans 1st April 2023 or begins on or after 1st April 2023. | eligible to be an active member of the new scheme on the day after the protection period in regulation E2C(6)(b) of the 1995 Regulations ends. |
10 | a 1995 Section pensioner, other than a tier 2 ill-health pensioner, who does not fall within one of the Groups above. | eligible to be an active member of the new scheme, or re-join the new scheme, on the first day on or after 1st April 2023 on which the member is in an employment that would, apart from the operation of regulation 19(1)(d) of the 2015 Regulations, otherwise be eligible for membership under those Regulations.” |
The table in paragraph 1 of Schedule 1 was amended by S.I. 2022/327 and 2022/991.
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