Back to the Scottish Parliament Business Bulletin No. 172/2008: Wednesday 26 November 2008
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Section G – Bills

New amendments to Bills lodged on 25 November 2008

Damages (Asbestos-related Conditions) (Scotland) Bill

Section 1

Bill Butler

1 In section 1, page 1, line 4, leave out <is not negligible> and insert <causes actionable damage for the purposes of the law of delict>

Bill Butler

2 In section 1, page 1, line 5, leave out subsections (2), (3) and (4)

Section 2

Bill Butler

3 In section 2, page 1, line 13, leave out <For the avoidance of doubt,>

Bill Butler

4 In section 2, page 1, line 15, leave out <is not negligible> and insert <causes actionable damage for the purposes of the law of delict>

Bill Butler

5 In section 2, page 1, line 19, leave out subsections (3) and (4)

Scottish Parliamentary Pensions Bill – Stage 2

Schedule 1

Alasdair Morgan

1 In schedule 1, page 4, line 16, at end insert <(or a pension credit member)>

Alasdair Morgan

2 In schedule 1, page 13, line 6, leave out from second <amount> to end of line 7 and insert <total of—

(a) the amount of scheme pension already paid to the individual,

(b) the amount of any retirement lump sum paid to the individual, and

(c) the amount of any pension or lump sum payable in respect of the individual under Part L.>

Alasdair Morgan

3 In schedule 1, page 20, line 28, at end insert—

<( ) Where an individual dies when his or her pension payments are suspended under rule 41—

(a) the deceased individual is to be treated for the purposes of this rule as a scheme pensioner (regardless of whether also a participating member at that time), and

(b) the suspension is to be treated as having been lifted immediately before the individual died.>

Alasdair Morgan

4 In schedule 1, page 21, line 38, at end insert—

<( ) An individual who dies while being both—

(a) a participating member, and

(b) a scheme pensioner whose pension payments are suspended under rule 41,

is to be treated for the purposes of this rule as a participating member.>

Alasdair Morgan

5 In schedule 1, page 42, line 5, after <individual> insert <(other than a participating member or a scheme pensioner whose pension payments are suspended under rule 41)>

Schedule 3

Alasdair Morgan

6 In schedule 3, page 49, line 19, after <order> insert—

<( ) that order continues to have effect in so far as needed to give effect to section 1(1) of this Act, and

( )>

Alasdair Morgan

7 In schedule 3, page 51, line 27, at end insert—

<Special provision for participants reaching age of 75 before the new rules day

8A(1) This paragraph applies to an individual who—

(a) is participating in the scheme in accordance with the 1999 scheme rules, and

(b) is aged under 75 when this paragraph comes into force but will reach the age of 75 before the new rules day.

(2) An individual to whom this paragraph applies may, before reaching the age of 75, give notice to the SPCB that he or she desires to commute into a lump sum such part of his or her pension as is specified in the notice.

(3) An individual who gives such a notice is to be treated for the purposes of Part G of the 1999 scheme rules as having given an equivalent notice under article G1(1) (and Part G is to apply accordingly).

(4) Despite article F1(a) and (b) and article F2 of the 1999 scheme rules—

(a) the fact that an individual who gives such a notice is—

(i) an MSP, or

(ii) the holder of a qualifying office (within the meaning of article C2(3) of the 1999 scheme rules),

does not prevent the individual from being entitled to receive a pension, from the day before the individual’s 75th birthday, in accordance with article F1 or F2 of the 1999 scheme rules, but

(b) the amount of pension so payable is to be nil until the individual is neither an MSP nor the holder of such an office.>

Section 5

Alasdair Morgan

8 In section 5, page 2, line 22, leave out <paragraph 4> and insert <paragraphs 1, 4 and 8A>

Alasdair Morgan

9 In section 5, page 2, line 22, leave out <that paragraph> and insert <those paragraphs>

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