Scottish Parliamentary Pensions Act 2009
1Scottish Parliamentary Pension Scheme
2Grants payable on leaving office
3Modification of pension schemes etc.
4Interpretation
5Commencement
6Short title
SCHEDULE 1Scottish Parliamentary Pension Scheme
1This schedule sets out the rules of the Scottish Parliamentary...
Part AThe Pension Fund
The Pension Fund
2“The Pension Fund” means the Scottish Parliamentary Contributory Pension Fund....
Payments to and from Fund
3(1) The following payments are to be made from the...
Part BFund trustees
Fund trustees
4The “Fund trustees” are the individuals appointed under and holding...
Functions
5The Fund trustees' principal function is to administer the Pension...
Number of trustees
6There are to be at least 3 but no more...
Eligibility
7A person who is prevented by the Pensions Act 1995...
Appointment of Fund trustees
8(1) The Scottish Parliament may resolve to appoint as a...
Remuneration, allowances and expenses
9(1) A Fund trustee may be remunerated, or receive allowances,...
Resignation
10(1) A Fund trustee may resign by giving notice of...
Removal
11(1) A Fund trustee is removed from office only if—...
Change of status
12(1) This rule applies— (a) where a Fund trustee who...
Member-nominated trustees
13Nothing in the scheme overrides section 241 of the Pensions...
Procedure
14The Fund trustees may regulate their own procedure (in so...
Quorum
15A meeting of the Fund trustees is quorate if—
Staff and advisers
16The Fund trustees may— (a) employ staff on such terms...
Fund management
17The Fund trustees must monitor the performance of any fund...
Indemnity insurance
18The Fund trustees may obtain insurance designed to indemnify them...
Delegation
19(1) The Fund trustees may authorise any person (including one...
Validity of acts
20(1) A decision, authorisation or other act of the Fund...
Part CParticipating members
MSP members
21Every serving MSP aged under 75 is to participate in...
Office-holder members
22(1) Every individual aged under 75 holding a pensionable office...
MSP opt-out
23(1) An MSP may opt out of participating in the...
Office-holder opt-out
24(1) The holder of a pensionable office may opt out...
MSP opt-in
25An individual who has opted out of participating in the...
Office-holder opt-in
26(1) An individual who has opted out of participating in...
Part DContributions
Scheme member contributions
27The person responsible for paying a participating member's salary must—...
Amount of scheme member contribution
28Higher rate scheme member contributions are be deducted under rule...
Procedure for changing scheme member contribution rate
29(1) A participating member may, by giving notice to the...
Relief from liability to make scheme member contributions
30(1) An MSP member is to stop making scheme member...
Contributions when salary not drawn
31The person responsible for paying the salary of a participating...
Contributions from SPCB
32(1) The SPCB must pay a sum into the Pension...
Part EReckonable service
Reckonable service as an MSP
33(1) A period for which an MSP member makes scheme...
Reckonable service as an office-holder
34(1) A period for which an office-holder member makes scheme...
Total reckonable service
35An individual's “total reckonable service” is the total of any...
Measuring reckonable service
36A period of reckonable service is measured in years and...
Part FPensions
Scheme pension
37(1) A pension (a “scheme pension”) is to be paid...
Amount of MSP pension
38(1) The annual MSP pension payable to an individual is...
Amount of office-holder pension
39(1) The annual office-holder pension payable to an individual is...
Duration of scheme pension
40(1) A scheme pension is payable from the day on...
Suspension of scheme pension
41(1) Where a scheme pensioner becomes an MSP or the...
Part GRetirement lump sums
Right to commute pension into a lump sum
42(1) An individual may commute a portion of the individual's...
Payment of retirement lump sum and corresponding reduction in pension
43(1) An individual who gives a valid commutation notice is...
Special rule for commutation by individual approaching the age of 75
44(1) This rule applies to an individual who—
Commuting trivial amounts
45(1) The Fund trustees may pay a lump sum (a...
Part HEarly retirement
Early retirement
46(1) An individual is eligible to take early retirement if...
Part IIll-health
Serious ill-health pension
47An individual is entitled to a serious ill-health pension if...
Ordinary ill-health pension
48An individual is entitled to an ordinary ill-health pension if...
Deferred pensioner's ill-health pension
49A deferred pensioner is entitled to a deferred pensioner's ill-health...
Amount of serious ill-health pension
50(1) Part F (Pensions) applies with the following modifications to...
Amount of ordinary ill-health pension
51Rule 37 applies to an individual who is entitled to...
Amount of deferred pensioner's ill-health pension
52Rule 37 applies to an individual who is entitled to...
Review of ill-health pension entitlements
53(1) The Fund trustees may review an individual's entitlement to...
Medical examinations
54(1) The Fund trustees may require— (a) an applicant for...
Ill-health lump sums: life expectancy of less than one year
55(1) An individual is entitled to be paid a lump...
Part JSurviving partners and children
Chapter 1Scheme pension entitlement
Meaning of “scheme pension entitlement”
56(1) References in this Part to a deceased individual's “scheme...
Chapter 2Partner's pension etc.
Partner
57(1) “Partner”, in relation to any deceased individual, means—
Partner's pension
58(1) A pension (a “partner's pension”) is to be paid...
Enhancement of initial partner's pension
59(1) This rule applies where amount A is less than...
Duration of partner's pension
60(1) A partner's pension is payable from the day after...
Partner's trivial lump sum
61(1) The Fund trustees may pay a lump sum (a...
Chapter 3Children's pensions
Children's pensions
62(1) A pension (a “children's pension”) is to be paid...
Eligible children
63(1) A “child”, in relation to a deceased individual, includes—...
Payment of children's pension
64(1) A children's pension is payable— (a) from the start...
Part KLump sum death benefits
Death in service lump sum
65(1) The Fund trustees may pay a lump sum (a...
Nominations for death in service lump sum
66(1) A participating member may nominate any person as his...
Deferred pensioner lump sum
67(1) A lump sum (a “deferred pensioner lump sum”) is...
Part L5 year guarantee
Initial pension period
68A scheme pensioner's “initial pension period” is the period of...
Guaranteed pension for surviving partner
69(1) Where a scheme pensioner dies during his or her...
Guaranteed lump sum where scheme pensioner dies aged under 75 with no surviving partner
70(1) A lump sum (a “guaranteed lump sum”) is to...
Guaranteed pension where scheme pensioner dies aged 75 or over with no surviving partner
71(1) Where a scheme pensioner— (a) dies before the end...
Part MShort service refunds
Payment of short service refunds
72(1) A sum (a “short service refund”) is to be...
Extinction of scheme benefits
73Payment of a short service refund extinguishes the rights of...
Part NTransfers
Chapter 1Transfers out
Statement of entitlement
74(1) An individual's “transferable sum” is the amount of cash...
Transfers to other pension schemes
75An individual's transferable sum must be transferred from the Pension...
Enhancement of transferable sum
76(1) A transferable sum of less than amount A is...
Reduction of transferable sum
77Where section 96(2) of the Pension Schemes Act 1993 (c....
Transfer payment
78(1) Where rule 75 requires a transfer to be made,...
Time limits
79The Fund trustees may extend any time limit set out...
Extinction of scheme benefits
80A transfer under rule 75 extinguishes the rights of all...
Chapter 2Transfers in
Transfer in
81A sum (a “transfer-in sum”) may be paid from another...
Effect of transfer in
82(1) The reckonable service of any participating member in respect...
Limitation on transfers in
83(1) A transfer-in sum is not to be paid if...
Part OAdded years
Added years
84(1) A participating member may increase his or her reckonable...
Buying added years by instalments
85(1) The Fund trustees may accept a participating member's application...
Revocation of accepted application
85A(1) This rule applies— (a) where an MSP member buying...
Interruption of service
86(1) This rule applies— (a) where an MSP member buying...
Resumption of service as MSP member
87(1) This rule applies where— (a) an MSP member's application...
Buying added years by lump sum
88(1) The Fund trustees may accept a participating member's application...
Limitations on buying added years
89(1) The Fund trustees must reject an application to buy...
Multiple applications
90The Fund trustees may accept more than one application by...
Part PPension sharing
Pension credit members
91(1) A “pension credit member” is an individual on whom...
Pension debit members
92(1) A “pension debit member” is an individual whose scheme...
Death of ex-partner before discharge of pension credit liability
93(1) This rule applies where an individual entitled to a...
Part QDual mandate MSPs
Dual mandate MSPs
94A “dual mandate MSP” is a serving MSP whose salary...
Pension reduction for dual mandate MSPs
95The following adjustments are to be made when doing the...
Part RTaxes
2004 Act terms
96In this Part— “the 2004 Act” means the Finance Act...
Payment of lifetime allowance charge by scheme administrator
97(1) The scheme administrator may pay a lifetime allowance charge...
Payment of lifetime allowance charge from Pension Fund
98(1) If rule 97(2) prevents the scheme administrator from paying...
Deductions for tax arising on lump sum payments
99Any tax due under section 205 of the 2004 Act...
Reduction of benefits which would otherwise attract unauthorised charge
100Where an unauthorised charge would (but for this rule) arise...
Prohibition on payments which would give rise to liability for certain taxes
101Nothing in the scheme authorises any payment from the Pension...
Part SAccounts, audit and actuarial reports
Accounts and audit
102(1) The Fund trustees must keep proper accounts (and must,...
Actuarial reports
103(1) The “scheme actuary” is the person appointed by the...
Part TMiscellaneous
Dispute resolution procedure
104Section 50 of the Pensions Act 1995 (c. 26) requires...
Guaranteed minimum pension
105(1) Any individual who is entitled to a guaranteed minimum...
Restriction on assignability etc.
106Despite paragraphs (a) to (c) of section 91(5) of the...
Payments due in respect of deceased individuals
107(1) This rule applies where a deceased's scheme entitlement is...
Formal communications
108(1) A “formal communication” means any— (a) notice,
Part UKey terms
Interpretation
109(1) In the scheme— “deferred pensioner” means an individual (other...
Index
110The words and expressions listed in the left column of...
SCHEDULE 2Grants payable on leaving office
MSP resettlement grant
1(1) The SPCB must pay a grant (an “MSP resettlement...
MSP ill-health retirement grant
2(1) The SPCB must pay a grant (an “MSP ill-health...
Amount of MSP grants
3(1) The amount of an MSP resettlement grant or MSP...
Office-holder resettlement grant
4(1) The SPCB must pay a grant (an “office-holder resettlement...
Key terms
5The following terms have the same meaning in this schedule...
SCHEDULE 3Transitional provisions and savings
Introductory
1(1) In this schedule— “new rules day” means the first...
Continuation of scheme and transfer of Pension Fund
2Despite article A3 of the 1999 pensions order—
Scheme participation
3An individual is not entitled to participate in the scheme...
Scheme member contributions
4(1) An “existing participating member” is an individual who—
Contributions from SPCB
5The determination under article D3(2) of the 1999 scheme rules...
Reckonable service as an MSP
6(1) This paragraph applies to an individual who—
Reckonable service as an office-holder
7(1) This paragraph applies to an individual who—
Total reckonable service
8The total reckonable service of an individual who participated in...
Special provision for participants reaching age of 75 before the new rules day
9(1) This paragraph applies to an individual who—
Payment of pensions due on new rules day etc.
10Despite article A3 of the 1999 pensions order, the 1999...
Entitlement of partners and children after new rules day
11Despite the preceding paragraph, the new scheme rules are to...
Early retirement
12(1) An individual falls within this paragraph if the individual—...
Partner's and children's pensions
13(1) An individual falls within this paragraph if the individual—...
5 year guarantee
14(1) The Fund trustees may, instead of continuing to pay...
Deferred pensioner lump sums
15(1) This paragraph applies where a deferred pensioner lump sum...
Short service refunds
16(1) Condition 3 of new scheme rule 72(1) does not...
Transfers
17(1) When applying rule 76 in relation to an individual...
Added years
18(1) This paragraph applies where an individual—
AVC Scheme
19(1) Despite article A3 of the 1999 pensions order, the...
Guaranteed minimum pension
20The reference in new scheme rule 105(1) to a “transfer-in...
Presiding Officer and First Minister pension scheme
21(1) Despite article A3 of the 1999 pensions order, Part...
General saving
22Despite article A3 of the 1999 pensions order, the 1999...
Disapplication of scheme modifications
23The modifications set out in regulations made under paragraph 3...

Scottish Parliamentary Pensions Act 2009

2009 asp 1

An Act of the Scottish Parliament to set out rules to govern the Scottish Parliamentary Pension Scheme; to provide for the payment of resettlement grants to individuals when they stop being members of the Scottish Parliament or holding certain offices; and for connected purposes.