# Scottish Parliamentary Pensions Act 2009, Paragraph 39


(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.
(2) An individual obtains an office-holder pension entitlement in respect of each period for which he or she holds a pensionable office.
(3) The amount of an office-holder pension entitlement for such a period is calculated as follows—
office-holder'sfinalsalaryinrespectofperiod×(A50+B40)where—
“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
“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.
(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—
(a) two-thirds of the final salary amount used to calculate the individual's office-holder pension entitlement, or
(b) where an individual has more than one such entitlement, two-thirds of the highest such final salary amount.

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Source: https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/39 (the official version)
Page: https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-39
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.