The National Health Service Pension Scheme Regulations 2015

Eligibility for refund E+W

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) [F1 Chapter 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

F1 Words 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

M1 Chapter 5 of Part 4 deals with early leavers: cash transfer sums and contribution refunds.