OpenLegislation

Paragraph 4 Optional pension contributions during maternity and adoption leave

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A firefighter member who—

(a)

is on maternity or adoption leave, which would not otherwise count as pensionable service under rule 2 of Part 10; and

(b)

who, for the whole or part of the leave period, is not entitled to receive pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits Act 1992),

may elect to pay pension contributions in respect of that leave period.

(2)

The contributions must be calculated by applying rule 3 to the pensionable pay (including any statutory maternity or adoption pay under the Social Security Contributions and Benefits Act 1992) received immediately before the start of the unpaid period in question.

(3)

Subject to paragraph (6), an election must be made by giving written notice to the authority before the expiry of the period of thirty days (or such longer period as the authority may allow) beginning with—

(a)

the day on which firefighter member returns to work, or

(b)

if the firefighter member does not return to work after the leave period, the day the firefighter member ceases to be employed by the authority.

(4)

On receipt of the notice, the authority must calculate the amount of contributions due and must give written notice of that amount to the person concerned.

(5)

Where the full amount of contributions due has not been paid within six months of the date of the notice given under paragraph (4), the person concerned is entitled to reckon as pensionable service such proportion of the period in respect of which contributions were due as the amount of contributions paid bears to the total amount of contributions due.

(6)

Where a person dies before the end of the period of thirty days referred to in paragraph (3) without having given the required notice—

(a)

that person is deemed to have given the notice, and

(b)

the authority—

(i)

must give to the person’s personal representatives a statement of the amount of contributions due; and

(ii)

may collect the contributions by deducting their amount from the amount of the death grant payable under Part 5.