# The Teachers’ Pensions etc. (Reform Amendments) Regulations 2006, Paragraph 52: Average salary


After regulation E31 insert—
“Average salary – supplemental
E31A. (1) This regulation has effect for the purpose of determining a person’s salary where regulation E31(2A) applies (“the alternative average salary”).
(2) In this regulation “salary period” is each period in which the person’s salary rate is unchanged.
(3) The average of the person’s full salary for the best consecutive 1095 days of average salary service (increased as specified in paragraph (4)) during the period of 10 years ending on the last day of the person’s average salary service shall first be determined.
(4) For the purposes of paragraph (3) the person’s full salary for each salary period is increased by the amount (if any) by which, immediately before the end of the person’s average salary service, it would have increased if it had been the annual rate of an official pension within the meaning of section 5(1) of the Pensions Increase Act 1971 beginning, and first qualifying for increases under that Act, on the same day as the salary period ended.
(5) The alternative average salary is the average of the actual full salary for the 1095 days which, resulting from and in accordance with the determination under paragraph (3), are the best consecutive 1095 days of average salary service, multiplied by A/B.
(6) “A” in paragraph (5) is the annual rate of retirement pension to which the person would have been entitled by virtue of these Regulations if—
(a) in calculating the person’s full salary for each salary period the person’s full salary for that period had in fact been increased as specified in paragraph (4), and
(b) the Pensions (Increase) Act 1971 did not apply.
(7) “B” in paragraph (5) is the annual rate of retirement pension to which the person would have been entitled by virtue of the combined effect of these Regulations and the increase effected by the Pensions (Increase) Act 1971 up to the last day of the person’s average salary service, if the person’s average salary had been the amount determined under paragraph (5) without the multiplication by A/B.
(8) For the purposes of paragraph (3) periods when the person was not in pensionable employment shall be disregarded, except in relation to the period of 10 years, and accordingly the 1095 days referred to in paragraphs (3) and (5) may be discontinuous.
(9) In computing the period of 1095 days referred to in paragraphs (3) and (5) no account shall be taken of a leap year day (29th February).
(10) Where however a person’s average salary service ends in a year on or after the leap year day that leap year day shall be included in the period of 1095 days referred to in paragraphs (3) and (5).
(11) In this regulation “full salary” has the same meaning as in regulation E31.”.

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Source: https://www.legislation.gov.uk/uksi/2006/3122/schedule/3/paragraph/52 (the official version)
Page: https://openlegislation.uk/teachers-pensions-etc-reform-amendments-regulations-2006/schedule-3/paragraph-52
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.