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Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations (Northern Ireland) 2009

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Final pay: reductions

10.—(1) Subject to paragraph (2), where a member’s pensionable pay in a continuous period of employment is reduced or restricted because he chooses to continue to be employed by the same employing authority at a lower grade or with less responsibility, he may choose to have his final pay calculated as mentioned in paragraph (3).

(2) Paragraph (1) does not apply if the member’s employment at the lower grade or with less responsibility—

(a)commences before the beginning of the period of 10 years ending with his last day as an active member; or

(b)immediately follows a period in which he occupies a post on a temporary basis.

(3) The calculation is the average of the member’s annual pensionable pay in any 3 consecutive years of his choice ending with 31 March within the period of 10 years ending with the last day he was an active member.

(4) Paragraph (1) applies to a member who has been the subject of a transfer to which the Transfer of Undertakings (Protection of Employment) Regulations 2006(1) apply as if the transferor employer were the same employer as the transferee employer.

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