(1)A pensioner shall, while he holds any office—
(a)be deemed to be a member of the occupational pension scheme except during such time as[F2 an election] is in force in respect of him; and
[F2(b)be entitled at any time to serve on the Department a written notice of election not to be a member of the occupational pension scheme, to take effect on a date not less than one month after the date on which it was served.]
(2)[F2An election]
(a)shall take effect not less than three months after the date on which it was served on the Department;
(b)shall subject to the provisions of subsection (7), be irrevocable; and
(c)shall not cease to be in force by reason only that the person who made it becomes the holder of any office different from the one which he held when he made the election.
(3)While[F2 an election] is in force in respect of a pensioner, any service of his described in subsection (4) of section 2 shall not be counted as “relevant service” for the purposes of subsection (3) of that section.
(4)[F2An election] shall not affect any superannuation allowance for which its maker was eligible under the occupational pension scheme before the date on which it takes effect.
(5)At any time after a pensioner has made[F2 an election], and while he holds any office, he may apply in writing to the Department requesting admission to the occupational pension scheme.
(6)A person who has made an application under subsection (5) (hereinafter called “the applicant”) shall
(a)supply such evidence relating to his health as the Department may reasonably require; and
(b)submit to any medical examination reasonably specified by the Department.
(7)The Department may, if it is satisfied that the applicant is in good health admit him to the occupational pension scheme on a date not less than three months after the date on which the application was served and upon the date of the applicant's admission to that scheme his election shall cease to be in force.
(8)The Department shall notify an applicant of its decision in writing within three months after the date on which the application was served.
(9)In this section—
[F2“election” means an election made under and in accordance with subsection (1);]
“occupational pension scheme” means arrangements established by section 2(1) to (5) for the payment of a superannuation allowance to a pensioner;
“Department” means the Department of Economic Development;
“office” means any office specified in section 2(1);
Definitions rep. by SR 2003/483]