# The Church of England Pensions Regulations 1988, Regulation 12: Return of certain payments


(1) The payments to which this regulation applies are—
(a) any contribution paid under Part 1 of the Clergy Pensions Measure 1948;
(b) any sum received by the Board in respect of a clerk ordained before 1st January 1948 under an agreement made or deemed to have been made under regulation 5 above;
(c) any sum received by the Board in respect of service performed after 31st December 1954 by a clerk ordained after 31st December 1947 under an agreement made or deemed to have been made under regulation 5 above;
(d) any sum received by the Board in respect of service performed by a clerk ordained before 1st January 1948 under reciprocal arrangements made or deemed to have been made under regulation 23 or 24 below;
(e) any sum received by the Board in respect of service performed after 31st December 1954 by a clerk ordained after 31st December 1947 under reciprocal arrangements made or deemed to have been made under regulation 23 or 24 below.
(2) Subject to paragraph (5) below, where a clerk in respect of whom the Board has received any payments to which this regulation applies ceases to perform pensionable service and is not entitled to receive immediately a pension under these regulations, the Board, on an application made in such form as the Board may determine, may forthwith, and shall upon his attaining the retiring age or retiring before that age by reason of infirmity without being so entitled, request the Commisioners to pay him such sum as is specified in paragraph (4) below; but no payment shall be made to a clerk who makes an application under this paragraph after he has become entitled to a pension under these regulations.
(3) Subject to paragraph (6) below, where a clerk in respect of whom the Board has received any payments to which this regulation applies dies before receiving a pension under these regulations, the Commissioners shall pay to his personal representatives such sum as is specified in paragraph (4) below; except that no payment shall be made under this subsection in respect of a clerk who has received a payment under subsection (2) above.
(4) The sum to be paid under this regulation—
(a) in the case of payments mentioned in paragraph (1)(a) above, shall be such sum as is equal to the aggregate of all the contributions payable by the clerk, together with compound interest at the rate of two and a half per cent per annum with annual rests upon each such contribution calculated from the date of the payment thereof to the date of repayment under paragraph (2) or to the date of death in the case of repayment under paragraph (3), after deducting therefrom any arrears of contributions due from the clerk together with interest at the rate of five per cent per annum calculated from the respective dates on which the contributions in arrear were due;
(b) in the case of any other payments to which this regulation applies, shall be such sum as is equal to the aggregate of all the payments received in respect of the clerk, together with compound interest at the rate of two and one half per cent per annum with annual rests upon each payment calculated from the date of the payment thereof to the date of the repayment under paragraph (2) or to the date of death in the case of repayment under paragraph (3).
(5) No clerk shall be entitled under paragraph (2) above to be paid any sum by way of return of any sum paid by him under an agreement made or deemed to have been made under regulation 5 above—
(a) in respect of any period of service in employment which in relation to him is contracted out employment by reference to the principal scheme; or
(b) in respect of any period of service after 5th April 1975 (not being service mentioned in sub-paragraph (a) above) unless that period is less than two years and a payment has been or is to be made to him by way of return of any sum paid by him under an agreement made or deemed to have been made in respect of a period of service before 6th April 1975.
(6) No payment shall be made by virtue of paragraph (3) above to the personal representatives of a deceased clerk in respect of—
(a) any sum received in respect of that clerk on or after 1st December 1988 under an agreement made or deemed to have been made under regulation 5 above, or
(b) any sum received on or after that date under reciprocal arrangements made or deemed to have been made in respect of that clerk under regulation 23 or 24 below.
(7) The Commissioners shall have power to deduct from any sum payable under this regulation an amount equal to the amount of any income tax payable by the Commissioners in respect of that sum.
(8) The rights conferred by this section shall be incapable of being assigned, charged or anticipated and in the case of bankruptcy shall not pass to the trustee of the bankrupt’s estate.

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Source: https://www.legislation.gov.uk/uksi/1988/2256/regulation/12 (the official version)
Page: https://openlegislation.uk/church-of-england-pensions-regulations-1988/regulation-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.