Regulation 42 Exclusion of rights to return of contributionsF1I1
Northern Ireland
A person is not entitled to a repayment under regulation 41 (rights to return of contributions) if—
he becomes a member again within one month and one day;
he left his employment because of—
an offence of a fraudulent character; or
grave misconduct,
in connection with his employment;
regulation 75(2) (rights to payment out of the fund) applies; or
he continues in a concurrent employment in which he is an active member.
But where paragraph (1)(b) applies the employing authority may direct the payment out of the fund or admission agreement fund to him or, in a case of an offence of a fraudulent character, to him or to his spouse, civil partner, F3... cohabiting partner or any dependant of his, of a sum equal to all or part of his contributions.
A person is not entitled to a repayment under regulation 41(1), if a transfer value has been credited to the fund or admission agreement fund for him.
A person ceases to be entitled to such a repayment under regulation 41(1) if he returns to local government employment before receiving it.
Annotations
Textual amendments
- F1
Regulations revoked (except reg. 4 for specified purposes, reg. 6 for specified purposes and reg. 11) (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2(1), Sch. 2 (with regs. 3, 13, 14(1)(d), Sch. 5)
- F2
Reg. 42(1)(b)-(d) substituted for reg. 42(1)(b)(c) (with effect in accordance with reg. 1(4) of the amending Rule) by Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/410), regs. 1(1), 39
- F3
Word in reg. 42(2) omitted (with effect in accordance with reg. 1(2)(a) of the amending Rule) by virtue of The Local Government Pension Scheme (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/206), regs. 1(1), 10