# The Local Government Pension Scheme (Administration) (Scotland) Regulations 2008, Regulation 42: Exclusion of rights to return of contributions

Extent: S
Status: prospective

(1) A person is not entitled to a repayment under regulation 41 (rights to return of contributions) if–
(a) the person becomes a member again within one month and one day;
(b) that person left the employment because of–
(i) an offence of a fraudulent character; or
(ii) grave misconduct,
in connection with that person’s employment; or
(c) regulation 74(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 the person or, in a case of an offence of a fraudulent character, to the person or to the person’s spouse, civil partner or any dependant of the person's, of a sum equal to all or part of the person’s contributions.
(3) A person is not entitled to a repayment under regulation 41(1) if a transfer value has been credited to the appropriate fund for the person and the person ceases to be entitled to such a repayment if the person returns to local government employment before receiving it.

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Source: https://www.legislation.gov.uk/ssi/2008/228/regulation/42 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-administration-scotland-regulations-2008/regulation-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.