PART 5Average salary

Average salary: teacher not in pensionable employment etc. after 31st December 200638

1

The average salary of a person (P) to whom regulation 37 (average salary: teacher in pensionable employment, etc. on or after 1st January 2007) does not apply is the greatest amount which is P's relevant salary during any 365 consecutive days of P's average salary service falling within the last 1,095 days of such service.

2

But if P has average salary service of less than 365 days, P's average salary is the average annual rate of P's relevant salary during such service.

3

In calculating the period of days mentioned in paragraph (1) or (2), no account is to be taken of a leap-day.

4

But where a person's average salary service ends on or after the leap-day in a leap year, account is to be taken of that leap-day in calculating those periods.