# The Local Government Pension Scheme (Administration) Regulations 2008, Regulation 47: Exclusion of rights to return of contributions

Extent: E+W+S
Status: prospective

(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.

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Source: https://www.legislation.gov.uk/uksi/2008/239/regulation/47 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-administration-regulations-2008/regulation-47
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.