# The Local Government Pension Scheme Regulations 1995, Paragraph 22


(1) The administering authority shall comply—
(a) with the requirements of regulation 5 of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993, and
(b) if the Scheme is the leading scheme in relation to a member, with the requirements of regulation 6 of those regulations, so far as they concern main schemes.
(2) Where any surplus funds fall to be repaid in accordance with regulation 6 of those regulations, the administering authority shall make the repayment to the member (or, if he has died, to his personal representatives)—
(a) where the over-provision relates to the benefit payable in the event of death, out of the accumulated value of the payments made by the administering authority with respect to the pension policy under paragraph 6, and
(b) where any other benefit is abated, out of the accumulated value of the additional contributions mentioned in paragraph 7(2).
(3) In this paragraph—
“leading scheme” and “main schemes” have the meanings given in regulation 2 of those regulations; and
“surplus funds” has the meaning given in regulation 6 of those regulations.

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Source: https://www.legislation.gov.uk/uksi/1995/1019/schedule/C4/paragraph/22 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-regulations-1995/schedule-C4/paragraph-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.