Regulation 47 Exclusion of rights to return of contributionsI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 47(1)(b) word omitted by Local Government Pension Scheme (Miscellaneous) 2010 reg. 47(a)
reg. 47(c) words substituted by Local Government Pension Scheme (Miscellaneous) 2010 reg. 47(b)
reg. 47(d) inserted by Local Government Pension Scheme (Miscellaneous) 2010 reg. 47(c)
reg. 47 coming into force by Local Government Pension Scheme (Administration) 2008 reg. 1(1)

(1)

A person is not entitled to a repayment under regulation 46 if—

(a)

he becomes a member again within one month and one day;

(b)

he left his employment because of—

(i)

an offence of a fraudulent character, or

(ii)

grave misconduct,

in connection with his employment; or

(c)

regulation 79(2) (right to payment out of fund authority’s pension fund) applies.

(2)

But where paragraph (1)(b) applies, the employing authority may direct the payment out of the appropriate 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 46(1) if a transfer value has been credited to the appropriate fund for him.

(4)

A person ceases to be entitled to such a repayment if he returns to local government employment before receiving it.

Annotations

Commencement

I1: Reg. 47 in force at 1.4.2008, see reg. 1(1)