PART 9Contributions

CHAPTER 3Repayment of members' contributions after short-service

Entitlement to repayment of balance of contributions189

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, F2... parental leaveF1, shared parental leaveF3, 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.

F43A

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).