Regulation 31 Pensionable earnings during a period of assumed pay

(1)

An active member of this scheme (P) is taken to receive in respect of a period of assumed pay an amount equal to the sum of —

(a)

the amount of pensionable earnings that P would have received in respect of the period of assumed pay had the circumstances at paragraph (2) not applied; and

(b)

any increase the scheme manager considers appropriate.

(2)

For the purpose of these Regulations, “a period of assumed pay” is a period in respect of which any of the following circumstances apply—

(a)

P is on reduced pay while on sick leave, paid adoption leave, paid maternity leave, paid parental leave, paid paternity leave, paid maternity support leave or paid adoption support leave;

(b)

P is receiving statutory pay;

(c)

P is on unpaid maternity leave during the first 26 weeks of maternity leave;

(d)

P is absent from duty because of being called out or recalled for permanent service in Her Majesty's armed forces in pursuance of a call-out notice served, or a call-out or recall order made, under the Reserve Forces Act 1996 M1;or

(e)

P voluntarily surrenders pensionable earnings in whole or in part.

(3)

Paragraph (2)(d) does not apply to any period of permanent service during which P is in pensionable service in—

(a)

an existing scheme M2 that relates to the armed forces or another scheme under section 1 of the Public Service Pensions Act 2013 M3that relates to the armed forces; or

(b)

any other occupational pension scheme.

(4)

This regulation does not apply to a member who falls within regulation 4(1)(b) or(d).

Annotations

Marginal citations

M1: 1996 c.14.
M2: See section 18(2) of the Act for the meaning of “existing scheme”
M3: 2013 c.25.