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11. For regulation 11 (final pay: fees), substitute—
“11.—(1) Subject to paragraph (2), where a variable-time employee’s pensionable pay for the purposes of regulation 8(1) consists of or includes fees, his or her final pay is calculated as the sum of —
(a)the average of all such fees for the three consecutive years (or the employee’s total period of membership if less) ending with the final pay period; and
(b)any sums falling within regulation 4(1), other than fees, for the final pay period.
(2) But a member’s employer may consent to the member having his or her final pay calculated by the substitution for paragraph (1)(a) of the average of all such fees for any three consecutive years ending on the 31st March within the period of ten years ending with the last day he or she was an active member.”.
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