The Local Government Pension Scheme Regulations 1997

Final pay

21.—(1) A member's final pay for an employment is his pay for as much of the final pay period as he is entitled to count as active membership in local government employment (but see paragraphs (3) to (10), regulations 22 and 23(2) and Schedule 4).

(2) A member's final pay period is the year ending with the day on which he stops being an active member (but see paragraph (9) and regulations 22 and 23).

(3) In the case of part-time employment, the final pay is the pay which would have been paid for a single comparable whole-time employment.

(4) But in calculating death grant or the rate of surviving spouse’s or children’s short-term pension payable on the death of an active member, actual pay in part-time employment is to be used.

(5) Any reduction or suspension of a member's pay during the final pay period because of his absence from work owing to illness or injury must be disregarded for this Chapter.

(6) If a member's final pay period includes reserve forces service leave, his final pay is—

(a) in a case where he has paid contributions by virtue of regulation 17(4), the amount it would have been if his reserve forces pay were pay received in his former local government employment, or

(b) otherwise, the amount it would have been if he had continued to be employed in his former employment during the period of that leave.

(7) If a member is absent from work for any other reason during his final pay period, he is only to be treated for this Chapter as having received the pay he would otherwise have received if he has made the appropriate contributions under Chapter III for the period he is absent.

(8) If in any case where regulation 13(5) (collective pay agreements) applies to a member's pay during any part of the final pay period—

(a) his average weekly earnings from his local government employment in that period (other than payments for overtime and bonuses)—

(i) exceed by more than 50 per cent. the lower earnings limit at the end of that period, and

(ii) do not exceed the upper earnings limit at the end of that period, and

(b) his final pay would be greater if determined using those earnings,

it is to be determined using them.

(9) If a member is only entitled to count part of the year specified in paragraph (2) as a period of active membership in relation to the employment which he ceases to hold, his final pay is his pay during that part multiplied by 365 and divided by the number of days in that part.

(10) Final pay does not include any pension in payment.