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Statutory Instrument 1999 No. 1082

The Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999

(The document as of February, 2008)

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STATUTORY INSTRUMENTS


1999 No. 1082


CONSTITUTIONAL LAW


DEVOLUTION, SCOTLAND


The Scotland Act 1998 (Transitory and Transitional Provisions) (Scottish Parliamentary Pension Scheme) Order 1999


 Made29th March 1999 
 Laid before Parliament12th April 1999 
 Coming into force6th May 1999 


ARRANGEMENT OF ARTICLES


PART A

Preliminary
A1.Citation and commencement
A2.Interpretation
A3.Period of application of this Order

PART B

Establishment and Administration of Fund
B1.Establishment of Fund
B2.Administration of Fund

PART C

Membership
C1.Membership for members of the Parliament
C2.Membership for office holders
C3.Right to opt out for members of the Parliament
C4.Right to opt out for office holders
C5.Right to opt in for members of the Parliament
C6.Right to opt in for office holders

PART D

Contributions
D1.Contributions by participants
D2.Earnings cap
D3.Contributions from Scottish Consolidated Fund

PART E

Reckonable Service
E1.Actual reckonable service
E2.Aggregate reckonable service

PART F

Pension Entitlement
F1.Entitlement of pensioner members
F2.Entitlement of pensioner office holders
F3.Amount payable to pensioners
F4.Amount payable to "dual mandate" pensioners
F5.Permitted maximum pensions
F6.Duration of pensions

PART G

Commutation
G1.Commutation into lump sum

PART H

Early Retirement and Early Abated Pensions
H1.Early retirement for members
H2.Early retirement for office holders who have been members

PART J

Ill-Health Pensions
J1.Ill-health pensions based on service as a participant
J2.Ill-health pensions for former members or office holders
J3.Medical evidence

PART K

Surviving spouses and Children
K1.Pensions for surviving spouses
K2.Pensions for children
K3.Death in service of participating member
K4.Enhancement of initial surviving spouses' pensions
K5.Meaning of "basic or prospective pension or pensions"

PART L

Death Gratuities
L1.Gratuity on death in service
L2.Gratuity on death after retirement

PART M

Five Year Guarantee
M1.Entitlement
M2.Guarantees for surviving spouses
M3.Guarantees where children but no spouse survive
M4.Guarantees where no survivors
M5.Remarriage or cohabitation of surviving spouse
M6.Early termination of child's period of full-time education or training
M7.Deceased pensioner office holders

PART N

Refunds
N1.Refund to contributor
N2.Refund after death
N3.Deduction of tax from refunds of contributions

PART P

Transfers
P1.Transfers to other pension schemes
P2.Transfers to other pension schemes after opt-out
P3.Transfers to overseas pension schemes
P4.Effect of transfers out on reckonable service
P5.Certification by the Government Actuary
P6.Transfers from other pension schemes

PART Q

Added Years
Q1.Purchase of added years by participating members

PART R

Additional Voluntary Contributions
R1.Additional voluntary contributions by participants

PART S

Special Pension Provision for First Minister and Presiding Officer
S1.Pension for First Minister and Presiding Officer
S2.Pension for dependants of First Minister and Presiding Officer
S3.Pensions met out of Scottish Consolidated Fund

PART T

Miscellaneous and Supplemental
T1.Non-assignability of benefits
T2.Payments due to deceased persons

SCHEDULES

 Schedule 1Scottish Parliamentary Contributory Pension Fund

 Schedule 2Maximum pensions

 Schedule 3Commutation of pensions

 Schedule 4Percentage abatement of pension entitlement under regulation H1

 Schedule 5Purchase of added years

 Schedule 6Additional voluntary contributions

 Explanatory Note 

 

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