{
  "url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-87",
  "json_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-87.json",
  "legislation": "uksi/1998/366",
  "legislation_title": "The Local Government Pension Scheme (Scotland) Regulations 1998",
  "legislation_url": "https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998",
  "path": "regulation/87",
  "kind": "regulation",
  "number": "87",
  "heading": "Exclusion of rights to return of contributions",
  "text": "(1) A person is not entitled to a repayment under regulation 86(1) if–\n(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);\n(b) he left his employment in consequence of–\n(i) an offence of a fraudulent character; or\n(ii) grave misconduct,\nin connection with this employment; or\n(c) regulation 117(2) applies.\n(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.\n(3) A person is not entitled to a repayment under regulation 86(1) if–\n(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;\n(b) a transfer value has been credited to the appropriate fund for him.\n(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.",
  "extent": "E+W+S",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 87 in force at 1.4.1998, see reg. 1"
    }
  ],
  "outstanding_effects": [
    {
      "type": "coming into force",
      "affecting": "uksi/1998/366",
      "affecting_title": "The Local Government Pension Scheme (Scotland) Regulations 1998"
    },
    {
      "type": "am",
      "affecting": "ssi/2005/554",
      "affecting_title": "The Local Government Pensions Etc. (Civil Partnership) (Scotland) Amendment Regulations 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1998/366/regulation/87",
    "retrieved_at": "2026-10-29T11:37:18.437535+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}