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22.—(1) A person (P) in an eligible employment is not in pensionable service in relation to that employment unless P is entitled to be paid—
(a)P’s salary in respect of that employment;
(b)if P is on adoption leave, maternity leave, parental leave, paternity leave or additional paternity leave—
(i)at least half P’s salary in respect of that employment; or
(ii)statutory pay; or
(c)if P is on sick leave, at least half P’s salary in respect of that employment.
(2) P is not in pensionable service in relation to an employment during a period of non-pensionable family leave, non-pensionable sick leave or unpaid leave from that employment.
23.—(1) The scheme manager may decide that a period of service in respect of which a member’s contributions are not paid is not a period of pensionable service if—
(a)the scheme manager has sent the member a demand under regulation 188 (“the demand”) in respect of those contributions; and
(b)within 3 years after the date of the demand, the member has not paid the whole of the amount and interest stated in the demand.
(2) The period of service is not a period of pensionable service if the scheme manager—
(a)gives the member written notice to that effect; and
(b)repays the member any amount paid in part satisfaction of the demand.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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