SECTION 3: SERVICE
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Periods of absence
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| 3.09 |
(i) |
Where a member has been absent on leave on full pay, or on
sick leave on full pay or half pay, or on maternity leave on statutory maternity
pay on or after 23 June 1994 or in the case of a former non industrial scheme
member on National Service, then (subject to the provisions of Rule 3.11)
the absence shall count in full as qualifying and reckonable service; contributions
shall be paid in accordance with Rule 2.11. Where a member has been absent
from duty for any other reason, then (except as provided in Rules 3.11 and
3.12) his absence shall not count as either qualifying or reckonable service.
Provided that unpaid special leave for training in one of the Reserve Forces
or for voluntary public service undertaken on or after 1 December 1980 may
qualify and reckon to the extent authorised by the Authority; in which case
the member shall pay contributions in accordance with Rule 2.10.
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(ii) |
Where on or after 6 April 1988, a member has been absent from
duty on unpaid maternity leave, the absence shall count in full as qualifying
but not reckonable service.
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Absence due to call-up
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| 3.10 |
(1) |
A member who is called up for service in any of the Forces
of the Crown, otherwise than for normal annual training in Auxiliary or
Reserve Forces, shall be deemed to be absent from duty on full pay if and
so long as the employer determines to pay in respect of that member the
difference (if any) between the pay received in respect of such service
and the pensionable earnings which would have been received had he remained
on duty; and accordingly such absence shall count as qualifying and reckonable
service, and he shall pay contributions in accordance with Rule 2.11 (ii).
Provided that no period of service on the armed forces may reckon under
this Rule if it also reckons for the purpose of naval, military or air force
non-effective pay or if there is any break in subsequent service other than
such a break as is permitted in accordance with Rule 4.42.
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(2) |
Where a member is called out for service in pursuance of the
Order dated 17 December 1990, made under Section 10 of the Reserve Forces
Act 1980, that service will reckon under this Scheme, unless it reckons
under one of the armed forces pension schemes and he shall pay contributions
in accordance with Rule 2.11. In the case of a member who, at the date of
calling out, is serving a period of notice, any service which reckons under
this Scheme by virtue of this rule will cease to reckon on the day that
the period of notice expires.
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Absence due to National Service
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| 3.11 |
A former non industrial scheme member who returned to employment
immediately after the termination of the minimum period of National Service
(or within such time as the Authority allowed) shall be entitled to include
in his qualifying and reckonable service the period during which he was
absent on National Service, provided this does not exceed 3 years.
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Discretion of Authority in certain cases of absence
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| 3.12 |
Notwithstanding Rule 3.09 a member may, at the discretion
of the Authority, and on such terms as they may determine (including payment
of contributions under Rule 2.10), be allowed to count as qualifying and
reckonable service absence without pay.
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