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Scottish Parliamentary Pensions Act 2009

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This is the original version (as it was originally enacted).

  1. Introductory Text

  2. 1.Scottish Parliamentary Pension Scheme

  3. 2.Grants payable on leaving office

  4. 3.Modification of pension schemes etc.

  5. 4.Interpretation

  6. 5.Commencement

  7. 6.Short title

    1. SCHEDULE 1

      Scottish Parliamentary Pension Scheme

      1. 1.This schedule sets out the rules of the Scottish Parliamentary...

      2. Part A The Pension Fund

        1. 2.The Pension Fund

        2. 3.Payments to and from Fund

      3. Part B Fund trustees

        1. 4.Fund trustees

        2. 5.Functions

        3. 6.Number of trustees

        4. 7.Eligibility

        5. 8.Appointment of Fund trustees

        6. 9.Remuneration, allowances and expenses

        7. 10.Resignation

        8. 11.Removal

        9. 12.Change of status

        10. 13.Member-nominated trustees

        11. 14.Procedure

        12. 15.Quorum

        13. 16.Staff and advisers

        14. 17.Fund management

        15. 18.Indemnity insurance

        16. 19.Delegation

        17. 20.Validity of acts

      4. Part C Participating members

        1. 21.MSP members

        2. 22.Office-holder members

        3. 23.MSP opt-out

        4. 24.Office-holder opt-out

        5. 25.MSP opt-in

        6. 26.Office-holder opt-in

      5. Part D Contributions

        1. 27.Scheme member contributions

        2. 28.Amount of scheme member contribution

        3. 29.Procedure for changing scheme member contribution rate

        4. 30.Relief from liability to make scheme member contributions

        5. 31.Contributions when salary not drawn

        6. 32.Contributions from SPCB

      6. Part E Reckonable service

        1. 33.Reckonable service as an MSP

        2. 34.Reckonable service as an office-holder

        3. 35.Total reckonable service

        4. 36.Measuring reckonable service

      7. Part F Pensions

        1. 37.Scheme pension

        2. 38.Amount of MSP pension

        3. 39.Amount of office-holder pension

        4. 40.Duration of scheme pension

        5. 41.Suspension of scheme pension

      8. Part G Retirement lump sums

        1. 42.Right to commute pension into a lump sum

        2. 43.Payment of retirement lump sum and corresponding reduction in pension

        3. 44.Special rule for commutation by individual approaching the age of 75

        4. 45.Commuting trivial amounts

      9. Part H Early retirement

        1. 46.Early retirement

      10. Part I Ill-health

        1. 47.Serious ill-health pension

        2. 48.Ordinary ill-health pension

        3. 49.Deferred pensioner’s ill-health pension

        4. 50.Amount of serious ill-health pension

        5. 51.Amount of ordinary ill-health pension

        6. 52.Amount of deferred pensioner’s ill-health pension

        7. 53.Review of ill-health pension entitlements

        8. 54.Medical examinations

        9. 55.Ill-health lump sums: life expectancy of less than one year

      11. Part J Surviving partners and children

        1. Chapter 1 Scheme pension entitlement

          1. 56.Meaning of “scheme pension entitlement

        2. Chapter 2 Partner’s pension etc.

          1. 57.Partner

          2. 58.Partner’s pension

          3. 59.Enhancement of initial partner’s pension

          4. 60.Duration of partner’s pension

          5. 61.Partner’s trivial lump sum

        3. Chapter 3 Children’s pensions

          1. 62.Children’s pensions

          2. 63.Eligible children

          3. 64.Payment of children’s pension

      12. Part K Lump sum death benefits

        1. 65.Death in service lump sum

        2. 66.Nominations for death in service lump sum

        3. 67.Deferred pensioner lump sum

      13. Part L 5 year guarantee

        1. 68.Initial pension period

        2. 69.Guaranteed pension for surviving partner

        3. 70.Guaranteed lump sum where scheme pensioner dies aged under 75 with no surviving partner

        4. 71.Guaranteed pension where scheme pensioner dies aged 75 or over with no surviving partner

      14. Part M Short service refunds

        1. 72.Payment of short service refunds

        2. 73.Extinction of scheme benefits

      15. Part N Transfers

        1. Chapter 1 Transfers out

          1. 74.Statement of entitlement

          2. 75.Transfers to other pension schemes

          3. 76.Enhancement of transferable sum

          4. 77.Reduction of transferable sum

          5. 78.Transfer payment

          6. 79.Time limits

          7. 80.Extinction of scheme benefits

        2. Chapter 2 Transfers in

          1. 81.Transfer in

          2. 82.Effect of transfer in

          3. 83.Limitation on transfers in

      16. Part O Added years

        1. 84.Added years

        2. 85.Buying added years by instalments

        3. 86.Interruption of service

        4. 87.Resumption of service as MSP member

        5. 88.Buying added years by lump sum

        6. 89.Limitations on buying added years

        7. 90.Multiple applications

      17. Part P Pension sharing

        1. 91.Pension credit members

        2. 92.Pension debit members

        3. 93.Death of ex-partner before discharge of pension credit liability

      18. Part Q Dual mandate MSPs

        1. 94.Dual mandate MSPs

        2. 95.Pension reduction for dual mandate MSPs

      19. Part R Taxes

        1. 96.2004 Act terms

        2. 97.Payment of lifetime allowance charge by scheme administrator

        3. 98.Payment of lifetime allowance charge from Pension Fund

        4. 99.Deductions for tax arising on lump sum payments

        5. 100.Reduction of benefits which would otherwise attract unauthorised charge

        6. 101.Prohibition on payments which would give rise to liability for certain taxes

      20. Part S Accounts, audit and actuarial reports

        1. 102.Accounts and audit

        2. 103.Actuarial reports

      21. Part T Miscellaneous

        1. 104.Dispute resolution procedure

        2. 105.Guaranteed minimum pension

        3. 106.Restriction on assignability etc.

        4. 107.Payments due in respect of deceased individuals

        5. 108.Formal communications

      22. Part U Key terms

        1. 109.Interpretation

        2. 110.Index

    2. SCHEDULE 2

      Grants payable on leaving office

      1. 1.MSP resettlement grant

      2. 2.MSP ill-health retirement grant

      3. 3.Amount of MSP grants

      4. 4.Office-holder resettlement grant

      5. 5.Key terms

    3. SCHEDULE 3

      Transitional provisions and savings

      1. 1.Introductory

      2. 2.Continuation of scheme and transfer of Pension Fund

      3. 3.Scheme participation

      4. 4.Scheme member contributions

      5. 5.Contributions from SPCB

      6. 6.Reckonable service as an MSP

      7. 7.Reckonable service as an office-holder

      8. 8.Total reckonable service

      9. 9.Special provision for participants reaching age of 75 before the new rules day

      10. 10.Payment of pensions due on new rules day etc.

      11. 11.Entitlement of partners and children after new rules day

      12. 12.Early retirement

      13. 13.Partner’s and children’s pensions

      14. 14.5 year guarantee

      15. 15.Deferred pensioner lump sums

      16. 16.Short service refunds

      17. 17.Transfers

      18. 18.Added years

      19. 19.AVC Scheme

      20. 20.Guaranteed minimum pension

      21. 21.Presiding Officer and First Minister pension scheme

      22. 22.General saving

      23. 23.Disapplication of scheme modifications

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