Search Legislation

Scottish Parliamentary Pensions Act 2009

Status:

This is the original version (as it was originally enacted).

Transfers to other pension schemes
This section has no associated Explanatory Notes

75An individual’s transferable sum must be transferred from the Pension Fund if the following conditions are met—

Condition 1

The individual—

(a)

has been but is no longer a participating member, and

(b)

is not a scheme pensioner.

Condition 2The individual has total reckonable service of at least 3 months.
Condition 3The Fund trustees have given the individual a statement of entitlement in pursuance of section 93A of the Pension Schemes Act 1993 (c. 48).
Condition 4

The individual gives the Fund trustees notice (a “transfer-out notice”)—

(a)

specifying the way in which the transferable sum is to be transferred, and

(b)

setting out any other information which the Fund trustees may reasonably require in relation to the transfer.

Condition 5

The transfer-out notice is given before the later of—

(a)

the day falling 6 months after the individual stopped being a participating member, and

(b)

the individual’s 64th birthday.

Condition 6The transfer-out notice is given within 3 months of the guarantee date relating to the statement of entitlement (see section 93A(2) of the Pension Schemes Act 1993 (c. 48)).
Condition 7The way in which the transferable sum is to be transferred is permitted by section 95(2) of the Pension Schemes Act 1993 (c. 48).
Condition 8

The transfer—

(a)

would be a recognised transfer for the purposes of section 169 of the Finance Act 2004 (c. 12), and

(b)

is not prohibited by any other enactment.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources