Regulation 87 Exclusion of rights to return of contributionsI1

England, Wales and Scotland Not yet in force

(1)

A person is not entitled to a repayment under regulation 86(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 in consequence of–

(i)

an offence of a fraudulent character; or

(ii)

grave misconduct,

in connection with this employment; or

(c)

regulation 117(2) applies.

(2)

However, where paragraph (1)(b) applies the employing authority may direct the payment out of the appropriate fund to him or, in a case of an offence of a fraudulent character, 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 86(1) if–

(a)

he is for the time being entitled to be paid, or has been paid, a benefit under regulation 26(3) (ill-health grants) or an ill-health retirement grant under regulation E4 of the 1987 Regulations;

(b)

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

(4)

A person who is entitled to a repayment under regulation 86(1)(a) ceases to be entitled to it if he returns to local government employment before receiving it.

Annotations

Commencement

I1: Reg. 87 in force at 1.4.1998, see reg. 1