Regulation 40 Eligibility for refund

England and Wales

(1)

Contributions made by a member (M) must be repaid to M if—

(a)

the 1993 Act condition applies; or

(b)

the short service condition applies.

(2)

The “1993 Act condition” is that—

(a)

F1Chapter 2 of Part 4ZA of the 1993 Act M1 applies to M; and

(b)

the repayment is made in accordance with that Chapter.

(3)

The short service condition applies if—

(a)

M does not qualify for benefits under regulation 72;

(b)

M is not a pensioner member;

(c)

M ceases to be an active member;

(d)

the 1993 Act condition does not apply to M; and

(e)

M makes a claim in writing to the scheme manager for the repayment.

Annotations

F1: Words in reg. 40(2)(a) substituted (1.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(2), 62 (with reg. 105)

M1: Chapter 5 of Part 4 deals with early leavers: cash transfer sums and contribution refunds.