E8.—(1) This regulation applies to a member—
(a)who satisfies the conditions specified in regulations E6 and E7; and
(b)whose pensionable employment is terminated by the member’s employing authority on, or after, 1st December 2006 but before 1st October 2011.
(2) A member referred to in paragraph (1) may notify the Scottish Ministers as to which of those regulations the member wishes to apply to the member and such a notification must be—
(a)in writing (but the Scottish Ministers may, in their discretion, accept notification in another form);
(b)given within 6 months of the employment being terminated; and
(c)given on an irrevocable basis.
(3) Where a member does not notify the Scottish Ministers within the period mentioned in paragraph (2)(b), regulation E6 shall apply.