Scottish Parliamentary Pensions Act 2009 (asp 1)

SCHEDULE 1 S Scottish Parliamentary Pension Scheme

Part F S Pensions

Amount of office-holder pension S

39 (1) The annual office-holder pension payable to an individual is an amount equal to the total of the individual's office-holder pension entitlements. S

(2) An individual obtains an office-holder pension entitlement in respect of each period for which he or she holds a pensionable office.

(3) The amount of an office-holder pension entitlement for such a period is calculated as follows—

where—

“A” is the individual's reckonable service as an office-holder accrued when holding the office concerned in respect of which the individual made lower rate scheme member contributions, and

“B” is the individual's reckonable service as an office-holder accrued when holding the office concerned during which the individual made higher rate scheme member contributions.

(4) Where an individual's annual office-holder pension (including any enhancement made by virtue of other scheme rules) exceeds the individual's annual office-holder pension cap, the annual office-holder pension payable to the individual is to be reduced to the individual's annual office-holder pension cap. An individual's “annual office-holder pension cap” is—

(a) two-thirds of the final salary amount used to calculate the individual's office-holder pension entitlement, or

(b) where an individual has more than one such entitlement, two-thirds of the highest such final salary amount.