Scottish Parliamentary Pensions Act 2009

Suspension of scheme pension

41 (1) Where a scheme pensioner becomes an MSP or the holder of a pensionable office, pension payments are to be suspended until the individual concerned stops being an MSP or the holder of that office.

(2) The amount of any lump sum payable under Part K in respect of an individual who dies when such a suspension has effect is to be reduced by an amount equal to the total of—

(a) the amount of scheme pension already paid to the individual,

(b) the amount of any retirement lump sum paid to the individual, and

(c) the amount of any pension or lump sum payable in respect of the individual under Part L.

(3) When such a suspension ends in relation to an individual who was entitled to an ill-health pension before the suspension began—

(a) the individual is to be treated from then on as if he or she had not been entitled to an ill-health pension, and

(b) a corresponding reduction is to be made—

(i) to the individual’s pension payments, and

(ii) to any added years obtained by virtue of rule 86(2)(a)).