The Local Government Pension Scheme (Administration) Regulations 2008

Contributions during trade dispute absence

20.—(1) If a person—

(a) is away from work without permission for a period of one or more days during and because of a trade dispute (“a trade dispute absence”), and

(b) was a member immediately before—

(i) that period, or

(ii) where two or more periods of absence have occurred because of one such dispute, the first such period,

he may make a contribution for the relevant contribution period at the rate of 16% on his lost pay for that period.

(2) A person’s lost pay is the difference between—

(a) his actual pay (if any), and

(b) the pay he would have received but for the trade dispute absence;

and, in determining that difference, any guarantee payments under Part 3 of the Employment Rights Act 1996(1) must be disregarded.

(3) A period is a person’s relevant contribution period if—

(a) it is co-extensive with one of the intervals at which he is required under regulation 3 of the Benefits Regulations to make contributions; and

(b) it includes all or part of his trade dispute absence.

(4) The termination of a person’s contract of employment because of a trade dispute does not prevent this regulation applying to him if he again becomes an employee of the same employing authority and a member not later than the day after the dispute ends.

(5) A member to whom paragraph (1) applies—

(a) may continue to pay contributions under regulation 25 (additional voluntary contributions) which he was paying immediately before his trade dispute absence began; and

(b) must continue to make any payments he was making under regulation 23 of these Regulations (additional regular contributions) or regulation 55 of the 1997 Regulations (payments to increase total membership) on the pay he would have received during the relevant contribution period but for his absence.

(6) In paragraph (1)(a), “trade dispute” has the meaning given in section 218 of the Trade Union and Labour Relations (Consolidation) Act 1992(2).

(1)

1996 c.18.

(2)

1992 c.52.