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Regulation 23 Service not pensionable unless member is entitled to pay

England and Wales

(1)

A person (P) in an eligible employment is not in pensionable service in relation to that employment unless P is entitled to be paid—

(a)

P's salary in respect of that employment;

(b)

if P is on adoption leave, maternity leave, parental leave, F1shared parental leave F2, parental bereavement leave F3, F4neonatal care leave, paternity leave F5or carer’s leave F6...—

(i)

at least half P's salary in respect of that employment; or

(ii)

statutory pay; or

(c)

if P is on sick leave, at least half P's salary in respect of that employment.

(2)

P is not in pensionable service in relation to an employment during a period of non-pensionable family leave, non-pensionable sick leave or unpaid leave from that employment.

Annotations

Textual amendments

F1

Words in reg. 23(1)(b) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 32(3)(a)

F2

Words in reg. 23(1)(b) inserted (6.4.2020) by The Parental Bereavement Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2020 (S.I. 2020/354), regs. 1, 33(3)

F3

Reg. 23(1)(b): comma substituted for word (6.4.2024) by The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 6(3)(a)

F4

Words in reg. 23(1)(b) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 24(3)

F5

Words in reg. 23(1)(b) inserted (6.4.2024) by The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 6(3)(b)

F6

Words in reg. 23(1)(b) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(3), 32(3)(b) (with art. 35(1))