Regulation 6 Emoluments
Subject to paragraphs (2) and (3), a person's emoluments in an employment are all the salary, wages, fees and other payments made to him as an employee for his own use, and the money value of any accommodation or other allowances in kind appertaining to the employment.
A person's emoluments do not include—
unless it is a usual incident of the employment, any payment for overtime or bonus payment,
any allowance payable to him to cover the cost of providing office accommodation or clerical or other assistance,
any travelling or subsistence allowance or other moneys to be spent, or to cover expenses incurred, by him for the purposes of the employment,
any payment for loss of holidays made to him on his ceasing to hold the employment, or
any payment accepted by him in lieu of notice to terminate his contract of employment, or
any compensation paid to him under these regulations or otherwise.
Where a person has been absent from work his emoluments are to be treated as including any payments which would have been made to him but for his absence.
Subject to paragraph (5), the annual rate of a person's emoluments in his former employment is the amount of his emoluments in that employment for the period of 12 months immediately preceding the relevant date, or if greater—
in the case of emoluments payable monthly, the amount of his emoluments for the last complete month of that period multiplied by 12, or
in the case of emoluments payable weekly or at intervals of 2 or 4 weeks, the amount of his emoluments for the last complete 8 weeks of that period multiplied by 365/56.
Where a person's emoluments for the period of 12 months immediately preceding the relevant date included any fees or other variable payments, the annual rate of his emoluments in his former employment includes the annual average of those payments during—
the period of 5 years immediately preceding the relevant date, or
such other period as is reasonable in the circumstances.