# Scottish Parliamentary Pensions Act 2009, Paragraph 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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Source: https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/24 (the official version)
Page: https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-24
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.