Regulation 17 Contributions during trade dispute absenceI1

Scotland Not yet in force

(1)

If a person–

(a)

is away from work without permission for a period of one or more days during and because of a trade dispute (“a trade dispute absence”); and

(b)

was a member immediately before–

(i)

that period; or

(ii)

where two or more periods of absence have occurred because of one such dispute, the first such period,

the person may make a contribution for the relevant contribution period at the rate of 16% on the person’s lost pay for that period.

(2)

A person’s lost pay is the difference between–

(a)

the person’s actual pay (if any); and

(b)

the pay the person would have received but for any trade dispute absence,

and, in determining that difference, any guarantee payments under Part 3 of the Employment Rights Act 1996^f1 must be disregarded.

(3)

A period is a person’s relevant contribution period if–

(a)

it is co extensive with one of the intervals at which the person is required under regulation 4 (contributions payable by active members) of the Benefits Regulations to make standard contributions; and

(b)

it includes all or part of that person’s trade dispute absence.

(4)

The termination of a person’s contract of employment because of a trade dispute does not prevent this regulation applying to the person if the person again becomes an employee of the same employing authority and a member not later than the day after the dispute ends.

(5)

A member to whom paragraph (1) applies–

(a)

may continue to pay contributions under regulation 22 (additional voluntary contributions) which the member was paying immediately before the trade dispute absence leave began; and

(b)

must continue to make any payments the member was making under regulation 20 (payment of additional regular contributions) of these Regulations or regulation 54 of the 1998 Regulations (payments to increase total membership) on the day the member would have received but for the absence.

(6)

In this regulation, “trade dispute” has the meaning given in section 218 of the Trade Union and Labour Relations (Consolidation) Act 1992^f2.

Regulation 17 Contributions during trade dispute absenceI1

Annotations

Commencement

Footnotes