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

Maximum commutation for office holders (including those retiring on grounds of ill-health)

4.  For the purposes of article G1(4), in the case of a participant entitled to a pension under article F2–

(a) who has no retained lump sum benefits and who either was an office holder on his 65th birthday or is so entitled by virtue of article J1 or J3 (ill-health pensions), the amount of the maximum commutable sum shall be the amount of–

(i) the number of eightieths of his final salary, specified in the table in Part II of this Schedule in relation to the number of years, each beginning on 1st April, during which he had any actual reckonable service; and

(ii) the product of three-eightieths of his final salary and any period, expressed in years and any fraction of a year, determined in respect of him under article P6(3) (transfers from other pension schemes),

subject to a maximum of the amount of 120/80ths of his final salary;

(b) who has retained lump sum benefits, but would otherwise be within sub-paragraph (a) above, the amount of the maximum commutable sum shall be whichever is the greater of–

(i) the amount of 120/80ths of his final salary, less his retained lump sum benefits; and

(ii) the amount of the product of three-eightieths of his final salary and, subject to a maximum of 40 years, the aggregate of–

(a) the number of years, each beginning on 1st April, during which he has any actual reckonable service; and

(b) the number of years (if any) determined in respect of him under article P6(3).