The National Health Service Pension Scheme (Scotland) Regulations 2015

Eligibility for refund

This section has no associated Policy Notes

39.—(1) Contributions made by a member (M) may be repaid to M only if—

(a)the 1993 Act condition applies; or

(b)the short service condition applies.

(2) The “1993 Act condition” is that—

(a)Chapter 5 of Part 4 of the 1993 Act applies to M; and

(b)the repayment is made in accordance with that Chapter.

(3) The short service condition applies if—

(a)M has not attained normal pension age;

(b)M does not qualify for benefits under regulation 71;

(c)M is not a pensioner member;

(d)M ceases to be an active member;

(e)the 1993 Act condition does not apply to M; and

(f)M makes a claim in writing to the scheme manager for the repayment.