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3. After regulation 8 (eligibility for membership of employees of other bodies not listed in Schedule 2), insert—
8A.—(1) A person who—
(a)was an active member of the 1997 Local Government Pension Scheme by virtue of regulation 130C (employees in the Rent Service Agency) of the 1997 Regulations; and
(b)is an active member of the Scheme immediately before 1st April 2009,
continues to be an active member of the Scheme notwithstanding the transfer of that person’s employment from the Secretary of State to the Commissioners for Her Majesty’s Revenue and Customs pursuant to the Transfer of Functions (Administration of Rent Officer Service in England) Order 2008(1).
(2) Where a person satisfies the conditions specified in paragraph (1)—
(a)that person is deemed to be in employment with the London Pension Fund Authority; and
(b)regulation 12(1) (further restrictions on eligibility) of these Regulations shall not apply.
(3) In this regulation “the 1997 Local Government Pension Scheme” means the occupational pension scheme constituted by the 1997 Regulations.”.
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