Entitlement to repayment of balance of contributionsE+W
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Memorandwm Esboniadol
189.—(1) A person (P) is entitled on the entitlement day to a repayment of the balance of contributions, calculated in accordance with regulation 191, if—
(a)P has left all pensionable service and does not re-enter pensionable service before the entitlement day;
(b)P has applied under regulation 190 for the repayment; and
(c)paragraph (2) does not apply.
(2) This paragraph applies if—
(a)P is qualified for retirement benefits;
(b)a transfer payment has been made in respect of P's pensionable service; or
(c)P is in a period of post-benefit service immediately before the last day of pensionable service .
(3) For the purpose of this regulation, P is in pensionable service while P is absent on maternity leave, paternity leave, ... parental leave[, shared parental leave] [, parental bereavement leave] or adoption leave if P is entitled to return from leave by virtue of Part 8 of the Employment Rights Act 1996 .
[(3A) For the purposes of this regulation, P is in pensionable service while P is absent on carer’s leave if P is entitled to return from leave by virtue of Part 8B of the Employment Rights Act 1996.]
(4) If a repayment of the balance of contributions is made, P's rights under this scheme are extinguished.
(5) This regulation is subject to regulation 183 (general prohibition on unauthorised payments).
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