SECTION 1General provisions
Service not pensionable unless member is entitled to pay
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.
Service not pensionable unless members’ contributions are paid
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.