F2PART 4PENSION FUND AND EMPLOYERS’ PAYMENTS
Exclusion of rights to return of contributionsI142
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;
F1b
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.
Regulations 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)