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The National Health Service Pension Scheme Regulations 2015
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- UK Statutory Instruments
- 2015 No. 94
- PART 4
- CHAPTER 2
- Regulation 40
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Changes over time for: Section 40
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Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 21(2)(f) and word inserted by S.I. 2024/281 reg. 19(3)
- reg. 28(2)(f) and word inserted by S.I. 2024/281 reg. 20(3)
- reg. 30(7)(8) inserted by S.I. 2024/281 reg. 21(4)
- reg. 31(9)(c) inserted by S.I. 2024/281 reg. 22(2)(a)
- reg. 31(11)(12) inserted by S.I. 2024/281 reg. 22(3)
- reg. 68(1)(ea) inserted by S.I. 2024/281 reg. 24(3)
Eligibility for refundE+W
This section has no associated Explanatory Memorandum
40.—(1) Contributions made by a member (M) must be repaid to M if—
(a)the 1993 Act condition applies; or
(b)the short service condition applies.
(2) The “1993 Act condition” is that—
(a)[F1Chapter 2 of Part 4ZA] of the 1993 Act M1 applies to M; and
(b)the repayment is made in accordance with that Chapter.
(3) The short service condition applies if—
(a)M does not qualify for benefits under regulation 72;
(b)M is not a pensioner member;
(c)M ceases to be an active member;
(d)the 1993 Act condition does not apply to M; and
(e)M makes a claim in writing to the scheme manager for the repayment.
Textual Amendments
F1Words in reg. 40(2)(a) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 62 (with reg. 105)
Marginal Citations
M1Chapter 5 of Part 4 deals with early leavers: cash transfer sums and contribution refunds.
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