PART 3BENEFITS FOR PRACTITIONERS, ETC.

CHAPTER 3.DMEMBERS' RETIREMENT BENEFITS

Allocation

Procedure for election under regulation 3.D.143.D.15

1

An election under regulation 3.D.14 in respect of a member’s pension must be made–

a

at the time when the member claims the pension or, if the member does not become entitled to the pension at that time, when the member does become so entitled; or

b

if the member is in pensionable service after reaching the age of 65, at any time after reaching that age and before reaching the age of 75.

2

The election must be made by giving notice in writing to the Scottish Ministers.

3

The notice must be in such form and contain such information as the Scottish Ministers require.

4

Subject to paragraphs (6) and (7), an election under regulation 3.D.14 takes effect once it has been accepted by the Scottish Ministers.

5

The election may not be withdrawn, amended or revoked after it has taken effect.

6

The election does not take effect if–

a

the member or the person in whose favour the election was made (“the beneficiary”) dies on or before the day on which the Scottish Ministers accept it; or

b

the Scottish Ministers are not satisfied that at the time when the election is made the member is in good health.

7

The election is treated as not having taken effect if the beneficiary dies before the member is notified in writing that the Scottish Ministers have accepted the election.