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26(1)An individual who has opted out of participating in the scheme (or who has opted out of participating as an office-holder member only) may, if subsequently appointed to hold any pensionable office, opt back into the scheme as an office-holder member with effect from the appointment date by—
(a)giving notice to the Fund trustees within 3 months of being appointed, and
(b)paying to the Fund trustees by the due date the amount which they certify as the amount of scheme member contributions which would have been made from the individual’s office-holder salary payments between the appointment date and the next day on which a scheme member contribution is to be made.
“due date” means the 28th day after the Fund trustees give their certification to the office-holder (or any later day as the Fund trustees may specify).
(2)An MSP may not opt back into the scheme as an office-holder member unless that individual also opts back in as (or already is) an MSP member.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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