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PART 4N.I.Scheme membership

CHAPTER 3N.I.Pensionable earnings and assumed pay

Pensionable earningsN.I.

30.—(1) This regulation applies for the purpose of these Regulations, other than for the purpose of Part 10 (contributions).

(2) A member's pensionable earnings for any period—

(a)for a member who falls within regulation 4(1)(a) or (c), in full time service means pay at the rate to which the member is entitled in that period, account being taken of any retrospective increase in that rate.

(b)for a member who falls within regulation 4(1)(a) in part-time service, means so much of the member's pay at that rate as is attributable to the member's determined hours specified under the member's part-time appointment, account being taken of any retrospective increase in that rate.

(c)for a member who falls within regulation 4(1)(b) or (d), means pay at the rate to which the member is entitled in that period, under the member's terms and conditions of employment, account being taken of any retrospective increase in that rate.

Pensionable earnings during a period of assumed payN.I.

31.—(1) An active member of this scheme (P) is taken to receive in respect of a period of assumed pay an amount equal to the sum of —

(a)the amount of pensionable earnings that P would have received in respect of the period of assumed pay had the circumstances at paragraph (2) not applied; and

(b)any increase the scheme manager considers appropriate.

(2) For the purpose of these Regulations, “a period of assumed pay” is a period in respect of which any of the following circumstances apply—

(a)P is on reduced pay while on sick leave, paid adoption leave, paid maternity leave, paid parental leave, paid paternity leave, paid maternity support leave or paid adoption support leave;

(b)P is receiving statutory pay;

(c)P is on unpaid maternity leave during the first 26 weeks of maternity leave;

(d)P is absent from duty because of being called out or recalled for permanent service in Her Majesty's armed forces in pursuance of a call-out notice served, or a call-out or recall order made, under the Reserve Forces Act 1996 M1;or

(e)P voluntarily surrenders pensionable earnings in whole or in part.

(3) Paragraph (2)(d) does not apply to any period of permanent service during which P is in pensionable service in—

(a)an existing scheme M2 that relates to the armed forces or another scheme under section 1 of the Public Service Pensions Act 2013 M3that relates to the armed forces; or

(b)any other occupational pension scheme.

(4) This regulation does not apply to a member who falls within regulation 4(1)(b) or(d).

Marginal Citations

M2See section 18(2) of the Act for the meaning of “existing scheme”