Regulation 23 Effect of break in pensionable service
In the following table a break in a period of pensionable service of a member (M) in circumstances set out in column 1 has the effect described in column 2.
Table
| Column 1 | Column 2 |
|---|---|
Part 1 M leaves active membership, is neither qualified for a retirement pension pursuant to regulation 72 nor is a pensioner member because of rights resulting from that membership, then returns to active service | |
1 The break— (a) does not exceed one month; or (b) is due to a trade dispute (within the meaning of section 35(1) of the Jobseekers Act 1995 M1). 2 No transfer payment is made to another scheme in respect of pensionable service before the break. 3 It is immaterial if a refund of contributions is paid to M in respect of the period before the break. | The period of pensionable service before the break is treated as continuous with the period after the break. |
1 The break does not exceed 5 years. 2 No transfer payment is made to another scheme in respect of M's pensionable service before the break. 3 If a refund of contributions in respect of the period before the break is paid to M, it is repaid before the end of the period of 6 months starting on the first day of pensionable service after the break. | The period of pensionable service before the break is treated as continuous with the period after the break. |
1 The break exceeds 5 years. 2 M may claim a refund of contributions in respect of pensionable service before the break. | The period of pensionable service before the break is not treated as continuous with the period after the break and does not count towards qualifying service. |
Part 2 M leaves active membership, is qualified for a retirement pension pursuant to regulation 72 but is not a pensioner member because of rights resulting from that membership, then returns to active service | |
1 The break does not exceed 5 years. 2 No transfer payment is made to another scheme in respect of M's pensionable service before the break. | The period of pensionable service before the break is treated as continuous with the period after the break. |
1 The break exceeds 5 years. 2 No transfer payment is made to another scheme is respect of M's pensionable service before the break. | The period of pensionable service before the break is not treated as continuous with the period after the break, but does count as qualifying service. |
In paragraph (1) a reference to the repayment of a refund of contributions includes the repayment of any interest on the contributions.
Annotations
Marginal citations
- M1