Schedule A

After regulation 8(6) insert–

“(7)

Periods of membership before and after any unpaid period of maternity or adoption absence or period of parental leave in respect of which the member does not pay any contributions shall be treated as continuous.”.

After regulation 16(3) insert–

“(3A)

If a person who is a member or has applied to be a member–

(a)

goes on ordinary maternity leave, ordinary adoption leave or paternity leave; and

(b)

is not entitled to receive pay (including statutory maternity, paternity or adoption pay) payable under the Social Security Contributions and Benefits Act 1992^f1 for all or any part of that period of leave,

for the purpose of these Regulations that person shall be treated as if that person had paid contributions under paragraph (2) for the unpaid period of that ordinary maternity leave, ordinary adoption leave or paternity leave and on the pay that that person would have received during that period but for that person’s absence.”.

After regulation 20(6) insert–

“(6A)

For the purposes of this Chapter, a member’s pay for any period of maternity, paternity or adoption absence during the final pay period in respect of which that member pays or is treated as paying contributions is the pay that member would have received had that member not been absent;”

After regulation 78(5) insert–

“(6)

Where an employee–

(a)

is treated, under regulation 16(3A), as if that employee had paid contributions; or

(b)

has paid contributions during a period of maternity, paternity or adoption absence;

the pay on which the common percentage is calculated is the pay the employee would have received if that employee had not been absent.”