OpenLegislation

Regulation 89 Exclusion of rights to return of contributionsI1

Northern Ireland

(F11)

A person is not entitled to a repayment under regulation 88(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 either case in connection with that employment, or

(c)

regulation 120(2) applies.

(2)

But where paragraph (1)(b)(ii) applies, the employing authority may direct the payment out of the fund to him or, where paragraph (1)(b)(i) applies, to him or to his spouse F2, civil 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 88(1) if –

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

a transfer value has been credited to the fund for him.

(4)

A person who is entitled to a repayment under regulation 88(1)(a) ceases to be entitled to it if he returns to local government employment before receiving it.

Annotations

Textual amendments

F1

Regulations revoked in part (1.4.2009) by Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/34), reg. 1(1), Sch. 1 (with reg. 3)

F2

Words in reg. 89(2) inserted (with effect in accordance with reg. 1(3) of the amending Rule) by Local Government Pension Scheme (Civil Partnership) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/6), regs. 1(2), 3(12)

F3

Reg. 89(3)(a) omitted (1.6.2005) by virtue of Local Government Pension Scheme (Amendment No. 2) Regulations (Northern Ireland) 2005 (S.R. 2005/274), regs. 1(2), 21, (with regs. 28, 29)

Commencement

I1

Reg. 89 in operation at 1.2.2003, see reg. 1