Scottish Parliamentary Pensions Act 2009
2009 asp 1 · Enacted 25 February 2009 · Extends to Scotland
An Act of the Scottish Parliament to set out rules to govern the Scottish Parliamentary Pension Scheme; to provide for the payment of resettlement grants to individuals when they stop being members of the Scottish Parliament or holding certain offices; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 22nd January 2009 and received Royal Assent on 25 February 2009
Contents
- 1Scottish Parliamentary Pension Scheme
- 2Grants payable on leaving office
- 3Modification of pension schemes etc.
- 4Interpretation
- 5Commencement
- 6Short title
- Schedule 1: Scottish Parliamentary Pension Scheme
- 1Paragraph 1
- Part A: The Pension Fund
- The Pension Fund
- 2Paragraph 2
- Payments to and from Fund
- 3Paragraph 3
- Part B: Fund trustees
- Fund trustees
- 4Paragraph 4
- Functions
- 5Paragraph 5
- Number of trustees
- 6Paragraph 6
- Eligibility
- 7Paragraph 7
- Appointment of Fund trustees
- 8Paragraph 8
- Remuneration, allowances and expenses
- 9Paragraph 9
- Resignation
- 10Paragraph 10
- Removal
- 11Paragraph 11
- Change of status
- 12Paragraph 12
- Member-nominated trustees
- 13Paragraph 13 Repealed
- Procedure
- 14Paragraph 14
- Quorum
- 15Paragraph 15
- Staff and advisers
- 16Paragraph 16
- Fund management
- 17Paragraph 17
- Indemnity insurance
- 18Paragraph 18
- Delegation
- 19Paragraph 19
- Validity of acts
- 20Paragraph 20
- Part C: Participating members
- MSP members
- 21Paragraph 21
- Office-holder members
- 22Paragraph 22
- MSP opt-out
- 23Paragraph 23
- Office-holder opt-out
- 24Paragraph 24
- MSP opt-in
- 25Paragraph 25
- Office-holder opt-in
- 26Paragraph 26
- Part D: Contributions
- Scheme member contributions
- 27Paragraph 27
- Amount of scheme member contribution
- 28Paragraph 28
- Procedure for changing scheme member contribution rate
- 29Paragraph 29
- Relief from liability to make scheme member contributions
- 30Paragraph 30
- Contributions when salary not drawn
- 31Paragraph 31
- Contributions from SPCB
- 32Paragraph 32
- Part E: Reckonable service
- Reckonable service as an MSP
- 33Paragraph 33
- Reckonable service as an office-holder
- 34Paragraph 34
- Total reckonable service
- 35Paragraph 35
- Measuring reckonable service
- 36Paragraph 36
- Part F: Pensions
- Scheme pension
- 37Paragraph 37
- Amount of MSP pension
- 38Paragraph 38
- Amount of office-holder pension
- 39Paragraph 39
- Duration of scheme pension
- 40Paragraph 40
- Suspension of scheme pension
- 41Paragraph 41
- Part G: Retirement lump sums
- Right to commute pension into a lump sum
- 42Paragraph 42
- Payment of retirement lump sum and corresponding reduction in pension
- 43Paragraph 43
- Special rule for commutation by individual approaching the age of 75
- 44Paragraph 44
- Commuting trivial amounts
- 45Paragraph 45
- Part H: Early retirement
- Early retirement
- 46Paragraph 46
- Part I: Ill-health
- Serious ill-health pension
- 47Paragraph 47
- Ordinary ill-health pension
- 48Paragraph 48
- Deferred pensioner's ill-health pension
- 49Paragraph 49
- Amount of serious ill-health pension
- 50Paragraph 50
- Amount of ordinary ill-health pension
- 51Paragraph 51
- Amount of deferred pensioner's ill-health pension
- 52Paragraph 52
- Review of ill-health pension entitlements
- 53Paragraph 53
- Medical examinations
- 54Paragraph 54
- Ill-health lump sums: life expectancy of less than one year
- 55Paragraph 55
- Part J: Surviving partners and children
- Chapter 1: Scheme pension entitlement
- Meaning of “scheme pension entitlement”
- 56Paragraph 56
- Chapter 2: Partner's pension etc.
- Partner
- 57Paragraph 57
- Partner's pension
- 58Paragraph 58
- Enhancement of initial partner's pension
- 59Paragraph 59
- Duration of partner's pension
- 60Paragraph 60
- Partner's trivial lump sum
- 61Paragraph 61
- Chapter 3: Children's pensions
- Children's pensions
- 62Paragraph 62
- Eligible children
- 63Paragraph 63
- Payment of children's pension
- 64Paragraph 64
- Part K: Lump sum death benefits
- Death in service lump sum
- 65Paragraph 65
- Nominations for death in service lump sum
- 66Paragraph 66
- Deferred pensioner lump sum
- 67Paragraph 67
- Part L: 5 year guarantee
- Initial pension period
- 68Paragraph 68
- Guaranteed pension for surviving partner
- 69Paragraph 69
- Guaranteed lump sum where scheme pensioner dies aged under 75 with no surviving partner
- 70Paragraph 70
- Guaranteed pension where scheme pensioner dies aged 75 or over with no surviving partner
- 71Paragraph 71
- Part M: Short service refunds
- Payment of short service refunds
- 72Paragraph 72
- Extinction of scheme benefits
- 73Paragraph 73
- Part N: Transfers
- Chapter 1: Transfers out
- Statement of entitlement
- 74Paragraph 74
- Transfers to other pension schemes
- 75Paragraph 75
- Enhancement of transferable sum
- 76Paragraph 76
- Reduction of transferable sum
- 77Paragraph 77
- Transfer payment
- 78Paragraph 78
- Time limits
- 79Paragraph 79
- Extinction of scheme benefits
- 80Paragraph 80
- Chapter 2: Transfers in
- Transfer in
- 81Paragraph 81
- Effect of transfer in
- 82Paragraph 82
- Limitation on transfers in
- 83Paragraph 83
- Part O: Added years
- Added years
- 84Paragraph 84
- Buying added years by instalments
- 85Paragraph 85
- Revocation of accepted application
- 85AParagraph 85A
- Interruption of service
- 86Paragraph 86
- Resumption of service as MSP member
- 87Paragraph 87
- Buying added years by lump sum
- 88Paragraph 88
- Limitations on buying added years
- 89Paragraph 89
- Multiple applications
- 90Paragraph 90
- Part P: Pension sharing
- Pension credit members
- 91Paragraph 91
- Pension debit members
- 92Paragraph 92
- Death of ex-partner before discharge of pension credit liability
- 93Paragraph 93
- Part Q: Dual mandate MSPs
- Dual mandate MSPs
- 94Paragraph 94
- Pension reduction for dual mandate MSPs
- 95Paragraph 95
- Part R: Taxes
- 2004 Act terms
- 96Paragraph 96
- Payment of lifetime allowance charge by scheme administrator
- 97Paragraph 97
- Payment of lifetime allowance charge from Pension Fund
- 98Paragraph 98
- Deductions for tax arising on lump sum payments
- 99Paragraph 99
- Reduction of benefits which would otherwise attract unauthorised charge
- 100Paragraph 100
- Prohibition on payments which would give rise to liability for certain taxes
- 101Paragraph 101
- Part S: Accounts, audit and actuarial reports
- Accounts and audit
- 102Paragraph 102
- Actuarial reports
- 103Paragraph 103
- Part T: Miscellaneous
- Dispute resolution procedure
- 104Paragraph 104
- Guaranteed minimum pension
- 105Paragraph 105
- Restriction on assignability etc.
- 106Paragraph 106
- Payments due in respect of deceased individuals
- 107Paragraph 107
- Formal communications
- 108Paragraph 108
- Part U: Key terms
- Interpretation
- 109Paragraph 109
- Index
- 110Paragraph 110
- Schedule 2: Grants payable on leaving office
- MSP resettlement grant
- 1Paragraph 1
- MSP ill-health retirement grant
- 2Paragraph 2
- Amount of MSP grants
- 3Paragraph 3
- Office-holder resettlement grant
- 4Paragraph 4
- Key terms
- 5Paragraph 5
- Schedule 3: Transitional provisions and savings
- Introductory
- 1Paragraph 1
- Continuation of scheme and transfer of Pension Fund
- 2Paragraph 2
- Scheme participation
- 3Paragraph 3
- Scheme member contributions
- 4Paragraph 4
- Contributions from SPCB
- 5Paragraph 5
- Reckonable service as an MSP
- 6Paragraph 6
- Reckonable service as an office-holder
- 7Paragraph 7
- Total reckonable service
- 8Paragraph 8
- Special provision for participants reaching age of 75 before the new rules day
- 9Paragraph 9
- Payment of pensions due on new rules day etc.
- 10Paragraph 10
- Entitlement of partners and children after new rules day
- 11Paragraph 11
- Early retirement
- 12Paragraph 12
- Partner's and children's pensions
- 13Paragraph 13
- 5 year guarantee
- 14Paragraph 14
- Deferred pensioner lump sums
- 15Paragraph 15
- Short service refunds
- 16Paragraph 16
- Transfers
- 17Paragraph 17
- Added years
- 18Paragraph 18
- AVC Scheme
- 19Paragraph 19
- Guaranteed minimum pension
- 20Paragraph 20
- Presiding Officer and First Minister pension scheme
- 21Paragraph 21
- General saving
- 22Paragraph 22
- Disapplication of scheme modifications
- 23Paragraph 23