SCHEDULE 1Scottish Parliamentary Pension Scheme
Part CParticipating members
MSP opt-out
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.