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Scottish Parliamentary Pensions Act 2009
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MSP opt-out
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23(1)An MSP may opt out of participating in the scheme by giving notice to the Fund trustees.
This rule does not prevent an MSP who is also a holder of a pensionable office from opting out as an office-holder member only under rule 24 (but such an MSP may not opt out as an MSP member only).
(2)Where an MSP opts out within 3 months of first being elected as an MSP—
(a)the MSP is to be treated—
(i)as having never been an MSP member, and
(ii)as having not been an office-holder member for any period since the election, and
(b)any scheme member contributions made since being elected are to be repaid to the MSP.
(3)In any other case, an MSP who opts out stops being a participating member on whatever date the Fund trustees decide is the earliest practicable date after they receive the opt-out notice.
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