{
  "url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-91",
  "json_url": "https://openlegislation.uk/scottish-parliamentary-pensions-act-2009/schedule-1/paragraph-91.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/91",
  "kind": "paragraph",
  "number": "91",
  "heading": null,
  "text": "(1) A “pension credit member” is an individual on whom rights are conferred by the Fund trustees in accordance with paragraph 1(2) of Schedule 5 to the Welfare Reform and Pensions Act 1999 (c. 30).\n(2) It is for the Fund trustees to determine the benefits to which a pension credit member is to be entitled. But those benefits may consist only of—\n(a) a right to be paid a pension from the age of 65,\n(b) a right to commute a portion of that pension into a lump sum,\n(c) a right to take early retirement when aged between 60 and 65 and accordingly to be paid a reduced pension,\n(d) a right to be paid a lump sum instead of a pension where the member has not yet received a pension and is not expected to live for longer than one year because of a health condition,\n(e) a right to be paid a lump sum instead of a pension where that lump sum would be a trivial commutation lump sum for the purposes of Part 1 of Schedule 29 to the Finance Act 2004 (c. 12),\n(f) where a pension credit member dies within 5 years of first receiving a pension, a right to have the pension paid to a surviving partner, dependant children or personal representatives for the remainder of the 5 year period,\n(g) where a pension credit member dies before first receiving a pension, a right to have a lump sum paid to a surviving partner, dependant children or personal representatives of an amount equal to 25% of the cash equivalent of the benefits attributable to the corresponding pension credit (within the meaning of Chapter 1 of Part 4ZA to the Pension Schemes Act 1993 (c. 48)).\n(3) An individual's benefits as a pension credit member are to be provided separately from any other benefits to which the individual may be entitled under the scheme.\n(4) A rule which extinguishes an individual's right to receive scheme benefits on being paid a lump sum does not extinguish any separate rights which the individual may have to receive benefits as a pension credit member (or as a surviving partner, dependant child or personal representative of such a member).",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in sch. 1 para. 91(2)(g) substituted (6.4.2015) by Pension Schemes Act 2015 (c. 8), s. 89(3)(b), Sch. 4 para. 43(3) (with s. 87)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2009/1/schedule/1/paragraph/91",
    "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."
}