{
  "url": "https://openlegislation.uk/armed-forces-pension-regulations-2014/regulation-76",
  "json_url": "https://openlegislation.uk/armed-forces-pension-regulations-2014/regulation-76.json",
  "legislation": "uksi/2014/2336",
  "legislation_title": "The Armed Forces Pension Regulations 2014",
  "legislation_url": "https://openlegislation.uk/armed-forces-pension-regulations-2014",
  "path": "regulation/76",
  "kind": "regulation",
  "number": "76",
  "heading": "Meaning of “final pensionable earnings”",
  "text": "(1) In this Chapter, “final pensionable earnings”, in relation to a member, means the greatest amount that is the member’s total pensionable earnings, under regulation 23 (pensionable earnings), for 365 consecutive days falling within the period of 3 years ending with the last day of service.\n(2) If the person was required to be in service as a member of the armed forces during any period of 365 consecutive days falling within the period of 3 years mentioned in paragraph (1) but was not in such service for a period of 365 consecutive days, then the paragraph applies as if it referred to the person’s annualised pensionable earnings in the period of service ending with the last day of service.\n(3) The person’s annualised pensionable earnings in the period of service are the amount given by the formula—\nPE x (365 ÷ N)\nwhere—\nPE is the person’s pensionable earnings for the period, and\nN is the number of days in the period for which pensionable earnings were received.\nIf the period of the final pensionable earnings includes the day 29 February, for “365” substitute “366”.\n(4) If at any time during the period of 3 years mentioned in paragraph (1) or the period mentioned in paragraph (2), the member is treated under regulation 24 (meaning of ‘assumed pay’) as receiving assumed pay, or would be if they were a member of this scheme throughout that period, for the purposes of this regulation, their pensionable earnings for each day during that period when they are so treated include the assumed pay for that day.\n(5) Where a member served on flexible terms during any part of the period of 3 years mentioned in paragraph (1), the member’s final pensionable earnings are calculated as though the member had not served on flexible terms for that period.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 76(5) inserted (1.4.2019) by The Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1111), regs. 1(3), 5(6)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 76 in force at 1.4.2015, see reg. 1(2)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2336/regulation/76",
    "retrieved_at": "2026-10-29T00:04:13.886265+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}