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The Local Government Pension Scheme (Benefits, Membership and Contributions) Regulations 2007
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- 2007 No. 1166
- Regulation 9
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Final pay: reserve forces, maternity leave etc.
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9.—(1) If a member’s final pay period includes reserve forces service leave, his final pay is—
(a)in a case where he has continued to pay contributions in respect of it, the amount it would have been if his reserve forces pay were pay received in his former local government employment, or
(b)otherwise, the amount it would have been if he had continued to be employed in his former employment during the period of that leave.
(2) For the purposes of these regulations, a member’s final pay for any period of maternity, paternity or adoption absence during the final pay period in respect of which he pays or is treated as paying contributions is the pay he would have received had he not been absent.
(3) If a member is absent from work for any other reason during his final pay period, he is only to be treated for these regulations as having received the pensionable pay he would otherwise have received if he has continued to pay contributions in respect of it for the period he is absent.
(4) If a member is only entitled to count part of the year specified in regulation 8(2) as a period of active membership in relation to the employment which he ceases to hold, his final pay is his pensionable pay during that part multiplied by 365 and divided by the number of days in that part.
(5) Final pay does not include any pension in payment.
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