(1) Subject to subsections (2) to (5), this Part "Scheme member" means a person who is not serving in a public service body as a pensionable public servant on the day immediately preceding the operative date but becomes a pensionable public servant on or after such date.

(2) Where -

(a) on the day immediately preceding the operative date a pensionable public servant -

(i) stands seconded from the public service to a body not in the public service (whether or not within the State), or

(ii) is absent on leave with or without pay from the public service,

and

(b) that pensionable public servant is entitled to resume his or her office or position or another office or position within the public service,