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The Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999

S.I. 1999/1082 · Made 29 March 1999

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

Made 29th March 1999

Laid before Parliament 12th April 1999

Coming into force 6th May 1999

The Secretary of State, in exercise of the powers conferred on him by sections 112(1), 113, 114(1) and 129(1) of the Scotland Act 1998f1 and of all other powers enabling him in that behalf, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. Part A: PRELIMINARY
  2. 1Citation and commencement
  3. 2Interpretation
  4. A3Period of application of this Order
  5. Part B: ESTABLISHMENT AND ADMINISTRATION OF FUND
  6. B1Establishment of Fund
  7. B2Administration of Fund
  8. Part C: MEMBERSHIP
  9. C1Membership for members of the Parliament
  10. C2Membership for office holders
  11. C3Right to opt out for members of the Parliament
  12. C4Right to opt out for office holders
  13. C5Right to opt in for members of the Parliament
  14. C6Right to opt in for office holders
  15. Part D: CONTRIBUTIONS
  16. D1Contributions by participants
  17. D2Earnings cap
  18. D3Contributions from Scottish Consolidated Fund
  19. Part E: RECKONABLE SERVICE
  20. E1Actual reckonable service
  21. E2Aggregate reckonable service
  22. Part F: PENSION ENTITLEMENT
  23. F1Entitlement of pensioner members
  24. F2Entitlement of pensioner office holders
  25. F3Amount payable to pensioners
  26. F4Amount payable to “dual mandate” pensioners
  27. F5Permitted maximum pensions
  28. F6Duration of pensions
  29. Part G: COMMUTATION
  30. G1Commutation into lump sum
  31. Part H: EARLY RETIREMENT AND EARLY ABATED PENSIONS
  32. H1Early retirement for members
  33. H2Early retirement for office holders who have been members
  34. Part J: ILL-HEALTH PENSIONS
  35. J1Ill-health pensions based on service as a participant
  36. J2Ill-health pensions for former members or office holders
  37. J3Medical evidence
  38. Part K: SURVIVING SPOUSES AND CHILDREN
  39. K1Pensions for surviving spouses
  40. K2Pensions for children
  41. K3Death in service of participating member
  42. K4Enhancement of initial surviving spouses' pensions
  43. K5Meaning of “basic or prospective pension or pensions”
  44. Part L: DEATH GRATUITIES
  45. L1Gratuity on death in service
  46. L2Gratuity on death after retirement
  47. Part M: FIVE YEAR GUARANTEE
  48. M1Entitlement
  49. M2Guarantees for surviving spouses
  50. M3Guarantees where children but no spouse survive
  51. M4Guarantees where no survivors
  52. M5Remarriage or cohabitation of surviving spouse
  53. M6Early termination of child’s period of full-time education or training
  54. M7Deceased pensioner office holders
  55. Part N: REFUNDS
  56. N1Refund to contributor
  57. N2Refund after death
  58. N3Deduction of tax from refunds of contributions
  59. Part P: TRANSFERS
  60. P1Transfers to other pension schemes
  61. P2Transfers to other pension schemes after opt-out
  62. P3Transfer to overseas pension schemes
  63. P4Effect of transfers out on reckonable service
  64. P5Certification by the Government Actuary
  65. P6Transfers from other pension schemes
  66. Part Q: ADDED YEARS
  67. Q1Purchase of added years by participating members
  68. Part R: ADDITIONAL VOLUNTARY CONTRIBUTIONS
  69. R1Additional voluntary contributions by participants
  70. Part S: SPECIAL PENSION PROVISION FOR FIRST MINISTER AND PRESIDING OFFICER
  71. S1Pension for First Minister and Presiding Officer
  72. S2Pension for dependants of First Minister or Presiding Officer
  73. S3Pensions met out of Scottish Consolidated Fund
  74. Part T: MISCELLANEOUS AND SUPPLEMENTAL
  75. T1Non-assignability of benefits
  76. T2Payments due to deceased persons
  77. Signature
  78. Schedule 1: SCOTTISH PARLIAMENTARY CONTRIBUTORY PENSION FUND
  79. 1Management of Fund
  80. 2Management of Fund
  81. 3Management of Fund
  82. 4Accounts and actuarial report
  83. 5Accounts and actuarial report
  84. 6Accounts and actuarial report
  85. 7Expenses
  86. 8Expenses
  87. Schedule 2: MAXIMUM PENSIONS
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. Schedule 3
  92. Part I: COMMUTATION OF PENSIONS
  93. 1Paragraph 1
  94. 2Maximum commutation for members (including those retiring on grounds of ill-health)
  95. 3Maximum commutation for members on early retirement
  96. 4Maximum commutation for office holders (including those retiring on grounds of ill-health)
  97. 5Maximum commutation for office holders on early retirement
  98. 6Earnings cap
  99. IIMAXIMUM COMMUTATION OF PENSIONS
  100. Schedule 4: PERCENTAGE ABATEMENT OF PENSION ENTITLEMENT
  101. 1Paragraph 1
  102. Schedule 5: PURCHASE OF ADDED YEARS
  103. 1Paragraph 1
  104. 2Purchase of added years by periodical contributions
  105. 3Purchase of added years by periodical contributions
  106. 4Purchase of added years by periodical contributions
  107. 5Interrupted service
  108. 6Purchase of added years by lump sum
  109. 7Lump sum payments
  110. 8Limits on purchase of added years
  111. 9Further applications to purchase added years
  112. 10General
  113. Schedule 6: ADDITIONAL VOLUNTARY CONTRIBUTIONS
  114. 1Interpretation
  115. 2Administration
  116. 3AVC contributors
  117. 4Contributions
  118. 5Investment of contributions
  119. 6Benefits which may be provided
  120. 7Payment of lump sums on death
  121. 8Purchase of pensions
  122. 9Leaving the AVC Scheme
  123. 10Maximum benefits
  124. 11Surplus monies
  125. 12Surrender at the request of the Parliamentary corporation
  126. 13Taxation
  127. 14Expenses
  128. Explanatory note