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Scottish Parliamentary Pensions Act 2009
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Office-holder opt-out
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24(1)The holder of a pensionable office may opt out of participating in the scheme as an office-holder member only by giving notice to the Fund trustees.
(2)Where the holder of a pensionable office opts out within 3 months of being appointed to that office—
(a)the office-holder is to be treated as having not been an office-holder member since being appointed, and
(b)any scheme member contributions made in respect of office-holder’s salary since being appointed are to be repaid to the office-holder.
(3)In any other case, a holder of a pensionable office who opts out stops being an office-holder member on whatever date the Fund trustees decide is the earliest practicable date after they receive the opt-out notice.
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