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PART 4Scheme membership

CHAPTER 3Pensionable earnings and assumed pay

Pensionable earnings during a period of assumed pay

25.—(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 in 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 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(1); 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(2) that relates to the armed forces or another scheme under section 1 of the Act that relates to the armed forces; or

(b)any other occupational pension scheme.

(2)

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