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.