# Scottish Parliamentary Pensions Act 2009, Paragraph 48


An individual is entitled to an ordinary ill-health pension if the Fund trustees are satisfied that the following conditions are met—
Condition 1
The individual resigns as or otherwise stops being an MSP or, as the case may be, the holder of a pensionable office as a direct consequence of a health condition.
Condition 2
At that time, the individual would be entitled to a scheme pension but for the fact that the individual is not yet 65 years old.
Condition 3
The individual applies to the Fund trustees for an ordinary ill-health pension.
Condition 4
The health condition—
(a)prevents the individual from adequately performing the duties of an MSP or, as the case may be, the holder of a pensionable office, but
(b)does not prevent the individual from doing other gainful work.
Condition 5
The health condition is expected to be permanent and to continue to prevent the individual from adequately performing the duties mentioned in condition 4(a).
Condition 6
The application is accompanied by evidence that a doctor is satisfied that conditions 4(a) and 5 are met.

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Source: https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/48 (the official version)
Page: https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.