SCHEDULE 1 - Calculation of Ce SCHEDULE 1 - Calculation of Certain Pensions for Existing Contributors

Regulations 43(1) and (2) , 66(2) , regulation 73(2) and 76(2)

1.   Interpretation

(1) In this Schedule –

average annual salary means the average annual salary that an existing contributor received in respect of the 12 months before he or she ceased to be an existing contributor.

(2) For the purposes of this Schedule, if at any time during the period of 12 months immediately before retirement or death, a contributor has been absent on leave without pay or on less than full pay, the contributor's average annual salary is to be calculated as if he or she had continued to be employed in the same capacity on full pay during the whole of that period.

2.   Determination of prospective service for purposes of pension payable on total and permanent incapacity or partial and permanent incapacity

(1) If the Commission determines under regulation 96 that an existing contributor is suffering from total and permanent incapacity, his or her prospective service for the purpose of clause 7 is taken to commence on the day immediately following the date of cessation of employment and end on the day on which he or she attains, or would have attained –

(a) the age of 65 years, in the case of an existing contributor who was contributing to the contributory scheme immediately before 1 April 1987 and who has continued at all times to be such a contributor; or

(b) the age of 60 years, in the case of a police officer who is an existing contributor who was contributing to the contributory scheme immediately before 1 April 1987 and who has continued at all times to be such a contributor; or

(c) the age of 60 years, in the case of a woman who was a contributor within the meaning of the Retirement Benefits Act 1970 or the Superannuation Act 1938 ; or