PART 3Scheme membership

CHAPTER 4Pensionable earnings

Amounts not forming part of pensionable earnings36

1

This regulation applies to any active member (P).

2

P's pensionable earnings do not include any of the following amounts paid to P by P's employer—

a

any benefit in kind, or the money value of such a benefit, excluding—

i

any residential benefits in kind; or

ii

a benefit in kind under a salary sacrifice arrangement;

b

any bonus other than a payment under regulation 35(3)(c);

c

any allowance paid for travelling or other expenses;

d

any amount paid for the performance of duties that are not carried out in the course of P's pensionable service;

e

any payment in consideration for the loss of, or the agreement to give up the right to, paid leave under P's contract of employment;

f

any payment in lieu of notice to terminate P's contract of employment;

g

if P is employed in an employment mentioned in paragraph 20 of Schedule 1 (teacher in a European school), any amount not payable by, or money value of a benefit in kind not attributable to, the Secretary of State.