Scottish Parliamentary Pensions Act 2009

Ordinary ill-health pension

This section has no associated Explanatory Notes

48An individual is entitled to an ordinary ill-health pension if the Fund trustees are satisfied that the following conditions are met—

Condition 1The individual resigns as or otherwise stops being an MSP or, as the case may be, the holder of a pensionable office as a direct consequence of a health condition.
Condition 2At that time, the individual would be entitled to a scheme pension but for the fact that the individual is not yet 65 years old.
Condition 3The individual applies to the Fund trustees for an ordinary ill-health pension.
Condition 4

The health condition—

(a)

prevents the individual from adequately performing the duties of an MSP or, as the case may be, the holder of a pensionable office, but

(b)

does not prevent the individual from doing other gainful work.

Condition 5The health condition is expected to be permanent and to continue to prevent the individual from adequately performing the duties mentioned in condition 4(a).
Condition 6The application is accompanied by evidence that a doctor is satisfied that conditions 4(a) and 5 are met.