THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Average pensionable pay

22.—(1) Subject to paragraphs (2) to (5), the average pensionable pay of a police officer in any of the periods of twelve months mentioned in regulation 21(1) shall be the aggregate of his pensionable pay in respect of the period in question.

(2) Where that officer is entitled to reckon less than twelve months’ pensionable service, that aggregate shall be multiplied by the reciprocal of the fraction of the twelve-month period during which he was entitled to pensionable pay.

(3) Where the amount of a police officer’s average pensionable pay, determined in accordance with paragraphs (1) and (2), is less than the amount it would have been had he not suffered a temporary stoppage or reduction in rate of pay —

(a) by way of punishment;

(b) by reason of a period being taken of sick leave, maternity leave or parental leave; or

(c) any other period of leave being taken which was unpaid or paid at a reduced rate,

it shall be increased by the difference between those two amounts.

(4) Where any period of twelve months mentioned in regulation 21(1) includes a period of unpaid maternity leave, unpaid parental leave or unpaid sick leave, in respect of which payment has been made under regulation 8(4)(c) or 8(6)(a)(iii), the officer’s pensionable pay during that period shall, for the purposes of determining average pensionable pay, be taken to be the pay to which he would have been entitled had the period of unpaid leave in question not been taken; and accordingly, the aggregate of his pensionable pay in respect of that period shall not be taken to exceed the amount which he would have received had the period of unpaid leave in question not been taken.

(5) Where any period of twelve months mentioned in regulation 21(1) includes one or more periods of part-time service, for the purposes of determining average pensionable pay, the officer’s pensionable pay, as determined in accordance with paragraphs (1) to (4), in respect of any such period of part-time service shall be taken to be the pay to which he would have been entitled if his part-time service had been full-time.