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Regulation 67 Revocation of election by scheme manager (lump sum)

England and Wales

(1)

The scheme manager may revoke an additional pension election made by a member (M) where the contribution was paid by lump sum if the scheme manager has reasonable grounds for believing that—

(a)

at the time the declaration under regulation 58(3) was made M was aware that the state of M's health was such that not less than 12 months after the election F1was made it was reasonable to assume that M would become entitled to an ill health pension or M's survivors would become entitled to a pension under Part 6; and

(b)

M failed to disclose the state of M's health at the time of making the declaration.

(2)

If the scheme manager revokes an election under paragraph (1), the scheme manager must repay the lump sum—

(a)

if the lump sum was paid by M, to M, or if M is deceased, to M's F2personal representatives;

(b)

if the lump sum was paid by M's employing authority, to the employing authority.

Annotations

Textual amendments

F1

Words in reg. 67(1)(a) inserted (with effect in accordance with reg. 1(2)(a) of the amending S.I.) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 36(2)

F2

Word in reg. 67(2)(a) inserted (1.4.2017) by The National Health Service Pension Scheme and Additional Voluntary Contributions (Amendment) Regulations 2017 (S.I. 2017/275), regs. 2(c), 36(3)