Search Legislation

Scottish Parliamentary Pensions Act 2009

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Scottish Parliamentary Pensions Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part B SFund trustees

Fund trusteesS

4The “Fund trustees” are the individuals appointed under and holding office in accordance with this Part.S

FunctionsS

5The Fund trustees' principal function is to administer the Pension Fund, and to manage and apply its assets, in accordance with the scheme.S

Number of trusteesS

6There are to be at least 3 but no more than 6 Fund trustees.S

EligibilityS

7A person who is prevented by the Pensions Act 1995 (c. 26), or by any other enactment or rule of law, from being a pension scheme trustee is barred from being a Fund trustee.S

Appointment of Fund trusteesS

8(1)The Scottish Parliament may resolve to appoint as a Fund trustee any individual nominated by the SPCB as suitable to hold that office.S

(2)The SPCB must, when deciding who to nominate—

(a)do its best to ensure that the Fund trustees include a participating member and a scheme pensioner, and

(b)have regard to any recommendation by the incumbent Fund trustees.

(3)A Fund trustee appointment has immediate effect (unless the Scottish Parliament resolves otherwise).

(4)The Court of Session may appoint a Fund trustee only on an application under section 19(2) of the Trusts (Scotland) Act 1921 (c. 58).

(5)The Fund trustees do not have power to assume new trustees.

Remuneration, allowances and expensesS

9(1)A Fund trustee may be remunerated, or receive allowances, from the Pension Fund for acting as a Fund trustee only if the following conditions are met—S

Condition 1The Fund trustee is not a scheme member (or a pension credit member).
Condition 2The other Fund trustees (if any), before appointment, recommend to the SPCB that the Fund trustee be remunerated or entitled to allowances.
Condition 3The SPCB's nomination to the Scottish Parliament specifies that remuneration or allowances are to be paid.

(2)Expenses properly incurred by the Fund trustees in connection with the performance of their functions are to be paid from the Pension Fund.

ResignationS

10(1)A Fund trustee may resign by giving notice of resignation to—S

(a)the Presiding Officer, and

(b)the other Fund trustees.

(2)A resignation has effect immediately on the notice of resignation being given.

(3)This rule does not apply where there is a sole trustee.

RemovalS

11(1)A Fund trustee is removed from office only if—S

(a)the Scottish Parliament resolves to end the Fund trustee's tenure,

(b)the Fund trustee becomes barred from being a Fund trustee (see rule 7), or

(c)the Fund trustee's tenure ends under rule 12.

(2)A Parliamentary resolution passed on a division for the purposes of this rule has effect only if voted for by at least two-thirds of the voting MSPs.

Change of statusS

12(1)This rule applies—S

(a)where a Fund trustee who was a participating member when appointed becomes a deferred pensioner or a scheme pensioner,

(b)where a Fund trustee who was a deferred pensioner when appointed—

(i)becomes a participating member or a scheme pensioner, or

(ii)has his or her rights to receive scheme benefits extinguished under rule 80, and

(c)where a Fund trustee who was a scheme pensioner when appointed becomes an MSP or the holder of a pensionable office.

(2)Where this rule applies—

(a)the Fund trustee must give notice of change of circumstance to—

(i)the Presiding Officer, and

(ii)the other Fund trustees, and

(b)the Fund trustee's tenure ends 6 months after the change of circumstance occurs (unless the Scottish Parliament resolves otherwise).

Member-nominated trusteesS

13Nothing in the scheme overrides section 241 of the Pensions Act 2004 (c. 35). Accordingly—S

(a)the SPCB must nominate as suitable to be a Fund trustee any individual who the Fund trustees recommend for the purposes of fulfilling their obligations under that section, and

(b)rule 6 does not prevent the SPCB from so nominating an individual (or the appointment of an individual) if the appointment—

(i)would result in more than 6 Fund trustees holding office, and

(ii)would ensure that at least one-third of the Fund trustees are appointed in accordance with that section.

ProcedureS

14The Fund trustees may regulate their own procedure (in so far as not regulated by the scheme).S

QuorumS

15A meeting of the Fund trustees is quorate if—S

(a)3 or more Fund trustees are present, or

(b)where fewer than 3 Fund trustees hold office, if both trustees are (or the sole trustee is) present.

Staff and advisersS

16The Fund trustees may—S

(a)employ staff on such terms as they think fit,

(b)seek advice from any person.

Fund managementS

17The Fund trustees must monitor the performance of any fund manager they appoint.S

Indemnity insuranceS

18The Fund trustees may obtain insurance designed to indemnify them against any personal liability arising in connection with the performance (or purported performance) of their functions.S

DelegationS

19(1)The Fund trustees may authorise any person (including one or more of themselves) to perform, or to authorise others to perform, any of their functions to the extent authorised.S

(2)An authorisation does not affect the Fund trustees' responsibility for delegated functions or their ability to perform those functions themselves.

Validity of actsS

20(1)A decision, authorisation or other act of the Fund trustees is not invalidated—S

(a)by any change to the individuals (or to the status or eligibility of individuals) holding office as Fund trustees,

(b)by any defect in the nomination or appointment of a Fund trustee, or

(c)by the fact that it is done when fewer than 3 Fund trustees held office.

(2)The Fund trustees are free to vary or revoke any previous decision or authorisation (but such a variation or revocation may reduce the scheme benefits to which any individual is entitled only if made in accordance with any other scheme rule).

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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