# The Local Government Pension Scheme (Scotland) Regulations 1998, Regulation 87: Exclusion of rights to return of contributions

Extent: E+W+S
Status: prospective

(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.

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Source: https://www.legislation.gov.uk/uksi/1998/366/regulation/87 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-1998/regulation-87
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.