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The Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

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Opting out of the Scheme

25.  (1)  A person who is an active member of the Scheme in any employment may opt at any time to cease to be such a member by giving notice in writing to the person’s employing authority.

(2) A person who so opts ceases to be such a member on the date the notice takes effect.

(3) The notice takes effect—

(a)from the beginning of the first pay period to begin after the notice is received by the employing authority, or

(b)if the notice specifies a later date, from the beginning of the first pay period after that in which the specified date falls.

(4) A person within regulation 24(1) (automatic membership on entering employment) in respect of an employment who gives notice in writing under paragraph (1) before the end of the person’s first pay period in the employment is treated as not having become an active member by virtue of that regulation.

(5) Regulation 24(1) does not apply to a person entering an employment with an employing authority (“the later employment”) if—

(a)the person has previously given notice under paragraph (1) in respect of an employment with the same authority that has ceased (“the earlier employment”), and

(b)either—

(i)the period beginning with the day following that on which the earlier employment ceased and ending with the day before the later employment begins, or

(ii)the period beginning with the day following that on which a relevant intermediate employment ceased and ending with the day before the later employment begins,

is less than 12 months.

(6) An employment is a relevant intermediate employment for the purposes of paragraph (5) if—

(a)regulation 24(1) did not apply to the person on entering it because of paragraph (5), and

(b)the person did not opt to become a member of the Scheme in that employment under regulation 24(3).

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