(1) The Judges' Pensions Act 1968 does not apply to the President if:
(a) immediately before being appointed as the President, he or she was one of the following (a public sector superannuation scheme member ):
(i) an eligible employee for the purposes of the Superannuation Act 1976 ;
(ii) a member of the superannuation scheme established by deed under the Superannuation Act 1990 ;
(iii) an ordinary employer-sponsored member of PSSAP (within the meaning of the Superannuation Act 2005 ); and
(b) he or she does not make an election under subsection (2).
(2) The President may elect to cease to be a public sector superannuation scheme member.
(3) The election must be made:
(a) within 3 months of the President's appointment; and
(b) by written notice to the Minister.
(4) If the President makes the election:
(a) he or she is taken to have ceased to be a public sector superannuation scheme member immediately before being appointed as the President; and
(b) the Judges' Pensions Act 1968 applies to him or her, and is taken to have so applied, immediately after he or she was appointed as the President.