{
  "url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-39",
  "json_url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-39.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/39",
  "kind": "paragraph",
  "number": "39",
  "heading": null,
  "text": "(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.\n(2) An individual obtains an office-holder pension entitlement in respect of each period for which he or she holds a pensionable office.\n(3) The amount of an office-holder pension entitlement for such a period is calculated as follows—\noffice-holder'sfinalsalaryinrespectofperiod×(A50+B40)where—\n“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\n“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.\n(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—\n(a) two-thirds of the final salary amount used to calculate the individual's office-holder pension entitlement, or\n(b) where an individual has more than one such entitlement, two-thirds of the highest such final salary amount.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/39",
    "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."
}