9. In regulation 119 (meaning of “final pay”)—
(a)for paragraph (4) substitute—
“(4) In this regulation and in regulation 120, if the member is a transition member with continuity of service, “pensionable earnings” in respect of any period includes—
(a)the member’s pensionable earnings under an existing scheme before the closing date; and
(b)the amount which is the higher of—
(i)the total fees paid to the member in respect of qualifying fee-paid service in the period in question, or
(ii)the total fees which would have been paid to the member in respect of such service in the period in question if, for any office held by the member, the daily fee paid to the member had been the daily fee determined by the Industrial Tribunals and Fair Employment Tribunal or accepted by the appropriate Minister to be payable in respect of that period.”, and
(b)after paragraph (4) insert—
“(5) In this regulation “qualifying fee-paid service” has the meaning given in regulation 4 of the FPJR 2017.”.