39.—(1) This regulation applies if—
(a)a person (P) is in pensionable service in relation to more than one employment; and
(b)at least one employment is an irregular employment.
(2) P’s full-time equivalent annual rate of pensionable earnings is the higher of—
(a)Figure 1; and
(b)either—
(i)Figure 2, if P is in more than one regular employment; or
(ii)Figure 3, if P is only in one regular employment.
(3) In paragraph (2)—
(a)Figure 1 is obtained by dividing the sum of the annual rate of each of P’s employments by the total number of P’s employments;
(b)Figure 2 is the result of the calculation set out in regulation 38 for P’s regular employments, disregarding P’s irregular employment or employments;
(c)Figure 3 is the full-time equivalent rate of pensionable earnings for P’s sole regular employment; and
(d)if Figure 1 and either Figure 2 or Figure 3 are the same amount, P’s annual rate of pensionable earnings is that amount.