xmlns:atom="http://www.w3.org/2005/Atom"

Final pay: fluctuating emoluments

11.—(1) Subject to paragraph (2), where a member’s pensionable pay for the purposes of regulation 8(1) (final pay: general) consists of or includes fluctuating emoluments, his final pay is calculated as the sum of—

(a)the average of all such fluctuating emoluments for the 3 consecutive years ending with the final pay period; and

(b)any sums falling within regulation 4(1) (meaning of “pensionable pay”), other than fluctuating emoluments, for the final pay period.

(2) But a member’s employer may consent to him having his final pay calculated as the average of all such fluctuating emoluments for any 3 consecutive years ending 31st March within the period of 10 years ending with the last day he was an active member.