4.D.1—(1) Subject to paragraph (3), in determining whether or not a member has reached 45 years of pensionable service for the purposes of regulation 2.A.2 (meaning of “pensionable service”), the amount of pensionable service accrued under Part 3 is included in the aggregate calculated under paragraph (1) of that regulation.
(2) Subject to paragraph (3), in determining whether or not a member has reached 45 years of pensionable service for the purposes of regulation 3.A.3 (meaning of “pensionable service”), the amount of pensionable service accrued under Part 2 is included in the aggregate calculated under paragraph (1) of that regulation.
(3) Where a person is concurrently in officer service and practitioner service in any year, that year counts as a single year for the purpose of calculating 45 years pensionable service.
(4) Where the aggregate of pensionable service under Part 2 and Part 3 is in excess of 45 years–
(a)benefits under each of Part 2 and Part 3 are calculated by reference to such number of years as the Scottish Ministers determine;
(b)the aggregate of pensionable service under Part 2 and Part 3 determined in sub paragraph (a) is 45 years; and
(c)the Scottish Ministers must select the years by reference to which the benefits under each Part are to be calculated, selecting the years which produce the most favourable result to the member.