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Version Superseded: 18/11/2019
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42.—(1) A person is not entitled to a repayment under regulation 41 (rights to return of contributions) if—
(a)he becomes a member again within one month and one day;
[F2(b)he left his employment because of—
(i)an offence of a fraudulent character; or
(ii)grave misconduct,
in connection with his employment;
(c)regulation 75(2) (rights to payment out of the fund) applies; or
(d)he continues in a concurrent employment in which he is an active member.]
(2) But where paragraph (1)(b) applies the employing authority may direct the payment out of the fund or admission agreement fund to him or, in a case of an offence of a fraudulent character, to him or to his spouse, civil partner, nominated cohabiting partner or any dependant of his, of a sum equal to all or part of his contributions.
(3) A person is not entitled to a repayment under regulation 41(1), if a transfer value has been credited to the fund or admission agreement fund for him.
(4) A person ceases to be entitled to such a repayment under regulation 41(1) if he returns to local government employment before receiving it.]
Textual Amendments
F1Regulations revoked (except reg. 4 for specified purposes, reg. 6 for specified purposes and reg. 11) (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2(1), Sch. 2 (with regs. 3, 13, 14(1)(d), Sch. 5)
F2Reg. 42(1)(b)-(d) substituted for reg. 42(1)(b)(c) (with effect in accordance with reg. 1(4) of the amending Rule) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/410), regs. 1(1), 39
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