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Scottish Parliamentary Pensions Act 2009

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This is the original version (as it was originally enacted).

Review of ill-health pension entitlements

This section has no associated Explanatory Notes

53(1)The Fund trustees may review an individual’s entitlement to an ill-health pension at any time before the individual reaches the age of 65 (and may carry out such a review at regular intervals determined by them).

(2)The Fund trustees may require an individual whose entitlement is being reviewed to provide evidence from a doctor on the individual’s state of health.

(3)The Fund trustees may, if satisfied following a review that the individual’s state of health no longer prevents the individual from doing gainful work, determine that the individual—

(a)is no longer to be entitled to a ill-health pension, or

(b)is to be entitled to an ordinary ill-health pension instead of a serious ill-health pension (where they remain satisfied that the individual’s state of health still prevents the individual from adequately performing the duties of an MSP or a holder of a pensionable office).

(4)The Fund trustees may determine that an individual who refuses to be examined in accordance with rule 54, or who otherwise fails to co-operate with a review, is no longer to be entitled to an ill-health pension.

(5)If the Fund trustees make a determination under this rule—

(a)pension payments are to stop or, as the case may be, be reduced from the date of the determination, and

(b)the scheme is to operate in relation to the individual from then onwards as if the individual had not been entitled to an ill-health pension or, as the case may be, to a serious ill-health pension.

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