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Regulation 39 Pensionable earnings for the purpose of accruing benefits

England and Wales

For the purpose of calculating a member's (P's) amount of earned pension for a pay period—

(a)

if P's pensionable earnings are reduced during sick leave, F1carer’s leave, adoption leave, maternity leave, parental leave, F2shared parental leave F3, parental bereavement leave F4, neonatal care leave or paternity leave F5..., P's pensionable earnings for that period include P's notional pensionable earnings; and

(b)

if an election under regulation 26 has effect or is taken to have effect for that period, are an amount equal to P's notional salary.

Annotations

Textual amendments

F1

Words in reg. 39(a) inserted (6.4.2024) by The Carer's Leave (Consequential Amendments to Subordinate Legislation) Regulations 2024 (S.I. 2024/266), regs. 1(2), 6(6)

F2

Words in reg. 39(a) 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(6)(a)

F3

Words in reg. 39(a) 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(6)

F4

Words in reg. 39(a) 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(6)

F5

Words in reg. 39(a) 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(6)(b) (with art. 35(1))