Opting out of this scheme
23.—(1) A person (P) opts out of this scheme in relation to service in a scheme employment if—
(a)P opts not to be an active member of this scheme in relation to that service; or
(b)P opens a partnership pension account in relation to that service.
(2) P may only exercise the option under paragraph (1)(a) by notice to the scheme manager in a form required by the scheme manager (“opt-out notice”).
(3) The option is taken to be exercised on the date on which the opt-out notice is received by the scheme manager.
(4) If P is subject to a transfer in relation to that service as a result of which P would be eligible to be (or continue to be eligible to be) a member of the scheme as a Fair Deal eligible person, the option ceases to have effect on the Fair Deal transfer date.