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Scottish Parliamentary Pensions Act 2009

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This is the original version (as it was originally enacted).

Limitation on transfers in
This section has no associated Explanatory Notes

83(1)A transfer-in sum is not to be paid if the Fund trustees consider that the corresponding increase in reckonable service, when taken with the participating member’s anticipated reckonable service, would (but for rule 38(2) or 39(4)) entitle the participating member to—

(a)an annual MSP pension of more than the individual’s annual MSP pension cap, or

(b)an annual office-holder pension of more than the individual’s annual office-holder pension cap.

(2)An applicant’s “anticipated reckonable service” is the reckonable service as an MSP or, as the case may be, office-holder which the participating member would obtain if he or she—

(a)continued as an MSP member (and continued making scheme member contributions at the same rate) until the next ordinary general election day, or (as the case may be)

(b)continued to hold the same office and to be an office-holder member (and continued making scheme member contributions at the same rate) until the next ordinary general election day (or such other day as the Fund trustees may determine).

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