{
  "url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/regulation-40",
  "json_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015/regulation-40.json",
  "legislation": "uksi/2015/94",
  "legislation_title": "The National Health Service Pension Scheme Regulations 2015",
  "legislation_url": "https://openlegislation.uk/national-health-service-pension-scheme-regulations-2015",
  "path": "regulation/40",
  "kind": "regulation",
  "number": "40",
  "heading": "Eligibility for refund",
  "text": "(1) Contributions made by a member (M) must be repaid to M if—\n(a) the 1993 Act condition applies; or\n(b) the short service condition applies.\n(2) The “1993 Act condition” is that—\n(a) Chapter 2 of Part 4ZA of the 1993 Act applies to M; and\n(b) the repayment is made in accordance with that Chapter.\n(3) The short service condition applies if—\n(a) M does not qualify for benefits under regulation 72;\n(b) M is not a pensioner member;\n(c) M ceases to be an active member;\n(d) the 1993 Act condition does not apply to M; and\n(e) M makes a claim in writing to the scheme manager for the repayment.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "Chapter 5 of Part 4 deals with early leavers: cash transfer sums and contribution refunds."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/94/regulation/40",
    "retrieved_at": "2026-10-28T23:49:26.680467+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."
}