{
  "url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-38",
  "json_url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-38.json",
  "legislation": "asp/2009/1",
  "legislation_title": "Scottish Parliamentary Pensions Act 2009",
  "legislation_url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009",
  "path": "schedule/1/paragraph/38",
  "kind": "paragraph",
  "number": "38",
  "heading": null,
  "text": "(1) The annual MSP pension payable to an individual is an amount equal to—\nMSP'sfinalsalary×(A50+B40)where—\n“A” is the individual's reckonable service as an MSP during which lower rate scheme member contributions were made, and\n“B” is the individual's reckonable service as an MSP during which higher rate scheme member contributions were made.\n(2) Where an individual's annual MSP pension (including any enhancement made by virtue of other scheme rules) exceeds the individual's annual MSP pension cap, the annual MSP pension payable to the individual is to be reduced to the individual's annual MSP pension cap.\nAn individual's “annual MSP pension cap” is two-thirds of the individual's final salary as an MSP (ignoring any reduction in final salary by virtue of section 82 of the Scotland Act 1998 (c. 46)).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in sch. 1 rule 38(2) substituted (20.3.2026) by The Scottish Elections (Representation and Reform) Act 2025 (Consequential Provision) Regulations 2026 (S.S.I. 2026/151), regs. 1, 2(2)(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/38",
    "retrieved_at": "2026-10-29T20:15:42.892423+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}