The National Health Service Superannuation Scheme (Scotland) Regulations 2011

Opting out of this Section of the scheme S

B4.—(1) A person who does not wish to, or who no longer wishes to, participate in this Section of the scheme may opt out of this Section of the scheme at any time by giving notice in writing to the employing authority.

(2) Where, following an application under regulation A3(4) an OOH provider is approved as an employing authority, an employee of such a provider who does not wish to, or who no longer wishes to, participate in this Section of the scheme—

(a) may opt out of it from any day falling within the period specified in paragraph (3) by giving notice in writing to that provider; and

(b) will be treated as having left pensionable employment on the date on which that notice takes effect.

(3) For the purposes of paragraph (2), that period—

(a) starts on the date on which NHS employment is treated as commencing under regulation A3(7); and

(b) ends on the date on which the notice is received by the OOH provider.

(4) A notice referred to in paragraph (2) must be given no later than one month from the end of the pay period in which the date on which approval of an application under regulation A3 falls.

(5) A notice—

(a) referred to in paragraph (1) will take effect—

(i) from the first day of the pay period immediately following its receipt by the employing authority; or

(ii) where a later date is specified in the notice, from the first day of the pay period following the pay period in which the specified date falls;

(b) referred to in paragraph (2) will take effect—

(i) from the first day of the pay period immediately following receipt by the OOH provider; or

(ii) where a date not earlier than the date on which the NHS employment is treated as commencing under regulation A3(7) is specified in the notice, from that date.

(6) Subject to paragraphs (7) and (8), a member who opts out of this Section of the scheme will be treated as having left pensionable employment on the day the notice takes effect.

(7) A person—

(a) who opts out of this Section of the scheme under paragraph (1) before the end of the pay period during which the employing authority included that person in this Section of the scheme; or

(b) whose opt out under paragraph (2) takes effect in respect of that period,

is to be treated as never having been included in this Section of the scheme.

(8) A notice under this regulation will apply to any subsequent employment with the same employing authority irrespective of the length of the break in service unless and until a further notice is given under paragraph (1) or paragraph (2) of regulation B5.

(9) A person is not to be treated as having retired from pensionable employment by reason only of having opted out of this Section of the scheme.