Regulation 88 Exclusion of rights to return of contributions

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

reg. 88(2) words substituted by Local Government Pension Scheme Regulations 1997 1998 reg. 25(a)
reg. 88(3)(b) substituted by Local Government Pension Scheme Regulations 1997 1998 reg. 25(b)
reg. 88(3)(a) omitted by Local Government Pension Scheme 2004 reg. 26
reg. 88(2) words inserted by Local Government Pension Scheme (Civil Partnership) 2005 reg. 3(14)

(1)

A person is not entitled to a repayment under regulation 87(1) if—

(a)

he becomes a member again within one month and one day (otherwise than in employment he held concurrently with the employment in which he was previously a member),

(b)

he left his employment because of—

(i)

an offence of a fraudulent character, or

(ii)

grave misconduct,

in connection with this employment, or

(c)

regulation 117(2) 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 grave misconduct, to him or to his spouse 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 87(1) if—

(a)

he is for the time being entitled to be paid, or has been paid, a benefit under regulation 27(3) (ill-health grant) or an ill-health retirement grant under regulation D8 of the 1995 regulations;

(b)

a transfer value from the trustees or managers of a personal pension scheme or self-employed pension arrangement has been and remains credited to the appropriate fund for him.

(4)

A person who is entitled to a repayment under regulation 87(1)(a) ceases to be entitled to it if he returns to local government employment before receiving it.