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Scottish Parliamentary Pensions Act 2009

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This is the original version (as it was originally enacted).

Buying added years by instalments

This section has no associated Explanatory Notes

85(1)The Fund trustees may accept a participating member’s application to buy added years by monthly instalments payable if the following conditions are met—

Condition 1The application states the number of added years which the applicant wishes to buy.
Condition 2

The application states whether the applicant wishes to pay instalments for a period ending on—

(a)

his or her 65th birthday, or

(b)

the next ordinary general election day.

Condition 3The applicant has satisfied the Fund trustees that he or she is in good health.
Condition 4The applicant has given the Fund trustees any information that they reasonably require in relation to the application.
Condition 5Rule 89 does not require the Fund trustees to reject the application.

(2)An accepted application is irrevocable.

(3)The person responsible for paying the participating member’s salary must—

(a)deduct instalments from each salary payment made from the first day of the month following acceptance until the end of the period for which instalments are payable, and

(b)pay them to the Fund trustees.

(4)The amount of the instalments is to be determined—

(a)by the scheme actuary, or

(b)by the Fund trustees in accordance with guidance or tables prepared by the scheme actuary.

(5)On payment of the last instalment, the participating member’s reckonable service as an MSP or, as the case may, as an office-holder is increased by the number of added years bought.

(6)The increased period of reckonable service is, for the purposes of rule 38(1) or, as the case may be, 39(3), to be treated as a period during which higher rate scheme member contributions were made.

(7)Where added years are bought by an office-holder member who is not an MSP, the increase in reckonable service is, for the purposes of rule 39(3), to be attributed to the period in office being served when the added years are bought.

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