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39(1)The annual office-holder pension payable to an individual is an amount equal to the total of the individual’s office-holder pension entitlements.
(2)An individual obtains an office-holder pension entitlement in respect of each period for which he or she holds a pensionable office.
(3)The amount of an office-holder pension entitlement for such a period is calculated as follows—
“A” is the individual’s reckonable service as an office-holder accrued when holding the office concerned in respect of which the individual made lower rate scheme member contributions, and
“B” is the individual’s reckonable service as an office-holder accrued when holding the office concerned during which the individual made higher rate scheme member contributions.
(4)Where an individual’s annual office-holder pension (including any enhancement made by virtue of other scheme rules) exceeds the individual’s annual office-holder pension cap, the annual office-holder pension payable to the individual is to be reduced to the individual’s annual office-holder pension cap.
An individual’s “annual office-holder pension cap” is—
(a)two-thirds of the final salary amount used to calculate the individual’s office-holder pension entitlement, or
(b)where an individual has more than one such entitlement, two-thirds of the highest such final salary amount.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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