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

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Meaning of “pensionable pay”

4.—(1) An employee’s pensionable pay is the total of—

(a)all the salary, wages, fluctuating emoluments and other payments paid to him for his own use in respect of his employment; and

(b)any other payment or benefit specified in his contract of employment as being a pensionable emolument.

(2) But an employee’s pensionable pay does not include—

(a)payments for non-contractual overtime;

(b)any travelling, subsistence or other allowance paid in respect of expenses incurred in relation to the employment;

(c)any payment in consideration of loss of holidays;

(d)any payment in lieu of notice to terminate his contract of employment;

(e)any payment as an inducement not to terminate his employment; or

(f)any payment to buy out an existing term or condition of employment.

(3) The pensionable pay of a part-time employee for any period is the pensionable pay he would have received if during that period he had worked the contractual hours.

(4) No sum may be taken into account in calculating pay unless income tax liability has been determined on it.

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