Part 1: Public Service Pension Schemes Chapter 1: Schemes other than Judicial Schemes and Local Government Schemes Section 36: Meaning of "opted-out service"
This section defines the term "opted-out service" as referring to service in which the conditions described in section 1 are met but for the second condition, which would have been met had the person not opted-out of the pension scheme:
that the service relates to a period when the discrimination arose;
that the member was eligible for transitional protection or would have been eligible for transitional protection but for the discriminatory requirement in the schemes;
that the member was on or before 31 March 2012 a member of a legacy scheme, or in the case of certain schemes for firefighters, eligible to be a member of such a scheme; and
that the member does not have a disqualifying break in service falling within the period set out in section 1(6).
	Section 36(2) also covers partnership pension accounts, a specific Civil Service defined contribution scheme which members may have elected to join instead of accruing Chapter 1 scheme benefits.