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 M1.
(3) For the purpose of this regulation, P is in pensionable service while P is absent on maternity leave, paternity leave, additional paternity leave, parental leave[F1, shared parental leave] or adoption leave if P is entitled to return from leave by virtue of Part 8 of the Employment Rights Act 1996 M2.
(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).
Textual Amendments
F1Words in reg. 189(3) inserted (31.12.2014) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014 (S.I. 2014/3255), arts. 1(2), 32(10)(b)
Marginal Citations
M1See regulation 124 for P's entitlement to a short-service annuity if P is not re-qualified for retirement benefits in respect of a period of post-benefit service.
M21996 c.18; Part 8 was amended by the Employment Relations Act 1999 (c.26), Schedule 4, and the Employment Act 2002 (c.22), sections 1 and 3.