PART 9E+WContributions

CHAPTER 3E+WRepayment of members' contributions after short-service

Entitlement to repayment of balance of contributionsE+W

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, F1... parental leave[F2, shared parental leave] [F3, parental bereavement leave] or adoption leave if P is entitled to return from leave by virtue of Part 8 of the Employment Rights Act 1996 M2.

[F4(3A) For the purposes of this regulation, P is in pensionable service while P is absent on carer’s leave if P is entitled to return from leave by virtue of Part 8B of the Employment Rights Act 1996.]

(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

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.