Explanatory Notes

Scottish Parliamentary Pensions Act 2009

2009 asp 1

25 February 2009

Commentary on sections

Section 1 Scottish Parliamentary Pension Scheme

21.Section 1(1) of the Act continues the existing scheme while introducing new rules in Schedule 1 to govern it.

22.The SPCB is at present responsible for the management and administration of the scheme. This responsibility includes control and management of the Pension Fund which was established by article B1 of the 1999 pensions order, which vested the Pension Fund in the SPCB.

23.Subsection (2) transfers the Pension Fund and the SPCB’s rights, liabilities and obligations in relation to the Pension Fund to Fund trustees to be appointed under the new rules (see Schedule 1 Part B). The transfer takes effect on the day section 1(2) comes into force, which in terms of section 5(3) is on the first day of the first month following the date which occurs six months after Royal Assent.

24.Subsection (3) introduces Schedule 3 which makes other transitional provisions and savings in respect of the 1999 pensions order in specific circumstances (see paragraph 486 onwards).