The Police Pensions (Scotland) Regulations 2007

Average pensionable pay

25.—(1) Subject to paragraphs (2), (3) and (4), the average pensionable pay of a regular police officer in any of the periods of 12 months mentioned in regulation 24(1) shall be the aggregate of that officer’s pensionable pay in respect of the period in question:

Provided that where the officer is entitled to reckon less than 12 months pensionable service, the aggregate shall be multiplied by the reciprocal of the fraction of the 12-month period during which the officer was entitled to pensionable pay.

(2) Where the amount of a regular police officer’s average pensionable pay, determined in accordance with paragraph (1), is less than the amount it would have been had the officer not suffered a temporary stoppage or reduction in rate of pay by way of punishment or by reason of a period of sick leave, maternity leave, parental leave or any other period of leave which was unpaid or paid at a reduced rate being taken, it shall be increased by the difference between those 2 amounts.

(3) Where any period of 12 months mentioned in regulation 24(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 10(2)(b), 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 the officer would have been entitled had the period of unpaid leave in question not been taken; and accordingly the aggregate of that officer’s pensionable pay in respect of that period shall not be taken to exceed the amount which the officer would have received had the period of unpaid leave in question not been taken.

(4) Where any period of 12 months mentioned in regulation 24(1) includes one or more periods of part-time service, for the purposes of determining average pensionable pay the officer’s pensionable pay in respect of any such period, as determined in accordance with paragraphs (1) to (3), shall be taken to be the pay to which the officer would have been entitled if that officer’s part-time service had been full-time.