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PART 3 N.I.Scheme membership

CHAPTER 3N.I.Pensionable pay

Meaning of “assumed pensionable pay”N.I.

27.—(1) For any period in which the circumstances specified in paragraph (2) apply to an active member of this scheme, the member is treated as receiving pensionable pay (“assumed pensionable pay”) equal to the pensionable pay that the member would have received if those circumstances had not applied.

(2) The circumstances are that the member—

(a)is on secondment to a different employer under an arrangement providing for the member to continue to be an active member of this scheme in respect of the member's service although the member is paid for that member's service by the other employer;

(b)is on sick leave or injury leave on reduced pay or, where the member has paid the contributions required by regulation 119(2) (contributions during absence from work due to illness, injury, trade dispute or authorised absence), is not receiving pay;

(c)is receiving pay or statutory pay whilst on adoption leave, additional adoption leave, additional maternity leave, [F1shared parental leave [F2, parental bereavement leave] or] parental leave F3...;

(d)is on ordinary adoption leave, ordinary maternity leave or paternity leave;

(e)is not receiving pay or statutory pay during part or all of the duration of the period of additional adoption leave, additional maternity leave[F4, shared parental leave or parental bereavement leave] F5... and has paid member contributions in respect of that period;

(f)is on unpaid leave for a period that does not exceed five years, in circumstances that the scheme manager has agreed can count for the purposes of this paragraph, and has paid contributions required by regulation 119(4) (contributions during absence from work due to authorised absence);

(g)is absent on reserve forces service leave; or

(h)is absent due to a trade dispute and has paid the contributions by regulation 119(3) (contributions during absence from work due to trade dispute).

(3) Paragraph (2)(g) does not apply in respect of any period of service which qualifies the member for benefits under any occupational pension scheme in respect of that service.

(4) Where the circumstances in paragraph (2) apply to a member (P) who was employed as a retained firefighter or volunteer firefighter immediately before those circumstances applied and P's pensionable service for that period was 365 days or more, the amount of P's assumed pensionable pay is calculated by dividing the total amount of P's pensionable pay received for that service during the period of 365 days ending with the last day of continuous pensionable service before those circumstances applied, by 365 and multiplying by the number of days in which the circumstances in paragraph (2) applied.

(5) Where the circumstances in paragraph (2) apply to a member (P) who was employed as a retained firefighter or volunteer firefighter immediately before those circumstances applied and P's pensionable service for that period was less than 365 days, the amount of P's assumed pensionable pay is calculated by dividing the total amount of P's pensionable pay received for that service during that period of continuous pensionable service before those circumstances applied, by the number of days of that service and multiplying by the number of days in which the circumstances in paragraph (2) applied.

Textual Amendments