Chapter 3B: Scottish Parliamentary Pension Scheme - Fund Trustees

Rule 3B.1 Application of this chapter

1. This chapter makes provision relating to Fund trustees appointed and holding office in accordance with Part B of Schedule 1 to the Scottish Parliamentary Pensions Act 2009 (asp 1) (“the 2009 Act”). References in these Rules to the “Scottish Parliamentary Pension Scheme” and “scheme rule” are references to the Scottish Parliamentary Pension Scheme (as set out in Schedule 1 to the 2009 Act) and a rule set out in that scheme respectively.

Rule 3B.2 Motions for the appointment of Fund trustees

1. Where the Parliamentary corporation nominates any individual for appointment as a Fund trustee in accordance with scheme rule 8, the agreement of the Parliament shall be sought in accordance with this Rule.

2. Any member of the Parliamentary corporation may by motion propose that the Parliament agrees to the appointment of any individual as a Fund trustee.

3. Notice of a motion under this Rule may only be given by a member of the Parliamentary corporation. Such a motion may not be amended and may be moved only by the member giving notice of it or if that member is not available another member of the Parliamentary corporation.

4. Where more than one individual is nominated for appointment as a Fund trustee, there must be a separate motion for each individual who is being nominated.

5. In addition to the requirements set out in Rule 8.2.2, a motion under this Rule must specify—

(a) the name of the individual who is nominated for appointment; and

(b) that the individual is to be remunerated, or to receive allowances, from the Fund for acting as a Fund trustee, in accordance with scheme rule 9 (where applicable).

6. Where a Fund trustee’s appointment is not intended to have immediate effect, a motion under this Rule may make provision for the date on which a Fund trustee’s appointment is to have effect in accordance with scheme rule 8(3).

7. Any debate on a motion under this Rule shall be restricted to 30 minutes.

Rule 3B.3 Removal of a Fund trustee

1. Further to scheme rule 11(1)(a), any member may by motion seek that a Fund trustee’s tenure be brought to an end.

2. Where there is a division on a motion moved under this Rule, the Parliament’s resolution will have effect only if it is voted for by at least two-thirds of the members who voted.

Rule 3B.4 Tenure of a Fund trustee where there is a change of scheme membership status

1. Where scheme rule 12 (Change of status) applies to a Fund trustee, any member of the Parliamentary corporation may by motion seek to end that Fund trustee’s tenure on a date other than 6 months after the change of circumstance occurs.

2. Notice of a motion under this Rule may only be given by a member of the Parliamentary corporation. Such a motion may not be amended, and may be moved only by the member giving notice of it or if that member is not available another member of the Parliamentary corporation.

Rule 3B.5 Business Bulletin

1. Where a Fund trustee notifies his or her resignation to the Presiding Officer and the other Fund trustees under scheme rule 10(1) or is removed from office further to scheme rule 11(1)(b) the Clerk shall ensure that notice of that resignation or removal from office is published in the Business Bulletin.

2. Where, under scheme rule 12, the tenure of a Fund trustee ends 6 months after a change of circumstance occurs, the Clerk shall ensure that notice of the ending of that Fund trustee’s tenure is published in the Business Bulletin.