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44(1)This rule applies to an individual who—S
(a)gives a valid commutation notice before reaching the age of 75, and
(b)would not (but for this rule) be entitled to be paid a scheme pension at that time by reason only of being a serving MSP or the holder of a pensionable office.
(2)Despite rule 37(1)(c)—
(a)an individual to whom this rule applies is to be entitled to be paid a scheme pension from the day before the member's 75th birthday, but
(b)the amount of scheme pension so payable is to be nil until the individual is neither an MSP nor the holder of a pensionable office.