13 Amendment of regulation 26
In regulation 26 (Pensionable Earnings)—
(a) in paragraph (4), in the definition of “permanent pensionable earnings” at the end of paragraph (a) insert “(not including pay received in respect of a period of sick leave on reduced pay at a rate determined by the member’s employer to be appropriate because it is equivalent to the annual rate of an ill-health pension)”;
(b) for regulation 26(5) substitute—

“5 In this regulation—
(a) the total fluctuating pensionable earnings in respect of any period must not exceed one third of the total permanent pensionable earnings in respect of the same period.
(b) for the purposes of this regulation “total fluctuating pensionable earnings” applies only to industrial employees of the Northern Ireland Civil Service, and means—
(i) to the extent (if any) that the Department has determined that they are to be treated as fluctuating pensionable earnings for the purposes of these Regulations, bonuses, and
(ii) to that extent (if any) allowances not granted on a permanent basis.”

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