SCHEDULE 3Transitional provisions and savings

Early retirement

12(1)An individual falls within this paragraph if the individual—

(a)participated in the scheme before the new rules day,

(b)accumulates at least 15 years relevant service before the cut-off date, being service which is the total of—

(i)any period of service as an MSP during which the individual participated in the scheme (under the 1999 scheme rules or the new scheme rules), and

(ii)any period of service as a member of the European Parliament or the House of Commons that is not concurrent with any such period of service as an MSP, and

(c)where the individual is under 55, has a “protected pension age” of under 55 in relation to the scheme for the purposes of paragraph 22(8) of Schedule 36 to the Finance Act 2004 (c. 12).

(2)Rule 46 applies to an individual falling within this paragraph with the following modifications—

(a)in rule 46(1)(a), for “55” substitute “50”,

(b)the proportion of the amount of annual scheme pension attributable to reckonable service accumulated before the cut-off date is to be reduced under rule 46(4) by no more than the appropriate percentage specified in the table set out in schedule 4 to the 1999 pensions order.

(3)In this paragraph “cut-off date” means the date of the first general election held under Part 1 of the Scotland Act 1998 (c. 46) after the new rules day.