{
  "url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012/schedule-1/part-II/rule-3",
  "json_url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012/schedule-1/part-II/rule-3.json",
  "legislation": "uksi/2012/687",
  "legislation_title": "The Postal Services Act 2011 (Transfer of Accrued Pension Rights) Order 2012",
  "legislation_url": "https://openlegislation.uk/postal-services-act-2011-transfer-of-accrued-pension-rights-order-2012",
  "path": "schedule/1/part/II/rule/3",
  "kind": "rule",
  "number": "3",
  "heading": "Refund of contributions",
  "text": "(1) This Rule only applies to Members who are subject to the Section A or Section B Rules.\n(2) In this Rule: the “determined proportion” of contributions which is referable to specified benefits means the proportion of those contributions which is determined by the Minister for the Civil Service on the advice of the Actuary to be referable to those benefits in particular circumstances.\n(3) A Member who has qualified for a pension, whose last marriage has ended and who has no eligible child at the date of that Member’s retirement or death before retirement may elect to receive on retirement, or there may be paid to the Member’s personal representatives, an amount equal to that Member’s own standard contributions paid to the Fund which is referable to Family Benefits and that Member’s own contributions paid to the Fund for the purchase of added years which is referable to Family Benefits (being in each case contributions paid to the Fund in respect of that Member’s RMPP Reckonable Service since the end of that Member’s last marriage if the Member is subject to the Section A Rules, or, if subject to the Section B Rules, since the end of that Member’s last marriage or the cessation of that Member’s children’s eligibility for benefit (whichever is the later)), with Interest. In addition to the ending of a marriage by divorce, decree of nullity or the spouse’s death, for the purposes of the Section B Rules a marriage shall be regarded as ended by judicial separation the terms of which do not require the Member to contribute to the spouse’s support.\n(4) A Member who has qualified for a pension, and who throughout that Member’s service under the RMPP has had no spouse, and has no eligible child at the date of that Member’s retirement or at the date of death of that Member before retirement, but has had a child or children whom either the RMPP Trustees (before the end of the Cut-Off Date) or the Minister for the Civil Service agreed to regard as eligible for Family Benefits, and who is subject to the Section B Rules, may elect to receive on retirement, or on death before retirement there may be paid to that Member’s personal representatives, that Member’s own standard contributions which is referable to Family Benefits and that Member’s own contributions paid to the Fund for the purchase of added years which is referable to Family Benefits (being in each case contributions paid to the Fund in respect of that Member’s RMPP Reckonable Service since the cessation of that Member’s child’s or children’s eligibility for benefit), with Interest.\n(5) A Member who has qualified for a pension and who throughout that Member’s service under the RMPP has had no spouse and no child who is or was eligible for benefits under the Section A Rules or the Section B Rules as may be applicable to the Member, may elect to receive on retirement, or on death of that Member before retirement there may be paid to that Member’s personal representatives, an amount equal to a refund of that Member’s own standard contributions paid to the Fund which is referable to Family Benefits and that Member’s own contributions paid to the Fund for the purchase of added years which is referable to Family Benefits, with Interest.\n(6) Sub-paragraphs (3) to (5) inclusive of this Rule shall not apply in respect of contributions paid by a Member to the Fund in respect of Contracted-out Employment by reference to the RMPP on or before the Cut-Off Date.\n(7) A female Member who before the end of the Cut-Off Date made an election under General Rule 26 (Election for Widower’s pension in respect of service prior to 1 December 1971) of the RMPP Rules and who had no husband through her service under the RMPP or whose last marriage ended before the election was made, may elect to receive on her retirement, or on her death there may be paid to her personal representative, a refund of the additional annual contributions paid to the Fund under that General Rule 26 of the RMPP Rules, with Interest.\n(8) A refund of contributions under the RMSPS shall be reduced by an amount equal to the tax which the Minister for the Civil Service becomes liable to pay to HMRC.\n(9) Where a Contributions Equivalent Premium has been paid to the Secretary of State in respect of a period of Contracted-out Employment by reference to the RMPP relating to a Member, the Minister for the Civil Service shall have the power to deduct from any payment due to the Member from the RMSPS that is calculated by reference to contributions paid by the Member to the Fund (excluding any paid under General Rule 19 (Added Years) of the RMPP Rules) an amount equal to the certified amount (as defined in Section 55(2) of the Pension Schemes Act 1993), or to not make any such payment if such amount would be less than the certified amount.\n(10) For the purposes of this Rule, Contracted-out Employment and Contributions Equivalent Premium have the meanings given under the contracting-out laws of the Pension Schemes Act 1993, as they applied to the RMPP at the end of the Cut-Off Date.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Sch. 1 substituted (2.4.2014) by The Transfer of Functions (Royal Mail Pension Plan) Order 2014 (S.I. 2014/500), arts. 1(2), 6(3) (with art. 4)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 Pt. II rule 3 not in force at made date, see art. 1(3)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 1 Pt. II rule 3 in force at 1.4.2012 by S.I. 2012/966, arts. 2, 3(a)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1993 c.48."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/687/schedule/1/part/II/rule/3",
    "retrieved_at": "2026-10-29T01:38:16.243439+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."
}