Regulation 189 Entitlement to repayment of balance of contributions

(1)

A person (P) is entitled on the entitlement day to a repayment of the balance of contributions, calculated in accordance with regulation 191, if—

(a)

P has left all pensionable service and does not re-enter pensionable service before the entitlement day;

(b)

P has applied under regulation 190 for the repayment; and

(c)

paragraph (2) does not apply.

(2)

This paragraph applies if—

(a)

P is qualified for retirement benefits;

(b)

a transfer payment has been made in respect of P's pensionable service; or

(c)

P is in a period of post-benefit service immediately before the last day of pensionable service M1.

(3)

For the purpose of this regulation, P is in pensionable service while P is absent on maternity leave, paternity leave, F1... parental leave F2, shared parental leave or adoption leave if P is entitled to return from leave by virtue of Part IX of the Employment Rights (Northern Ireland) Order 1996 M2.

(4)

If a repayment of the balance of contributions is made, P's rights under this scheme are extinguished.

(5)

This regulation is subject to regulation 183 (general prohibition on unauthorised payments).

Annotations

Textual amendments

F1: Words in reg. 189(3) omitted (5.4.2015) by virtue of The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(3), 23(10)(a) (with art. 25)
F2: Words in reg. 189(3) inserted (15.3.2015) by The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order (Northern Ireland) 2015 (S.R. 2015/146), arts. 1(2), 23(10)(b)

Marginal citations

M1: See regulation 124 for P's entitlement to a short service annuity if P is not re-qualified for retirement benefits in respect of a period of post-benefit service.
M2: S.I. 1996/ 1919 (N.I. 16); Part IX was amended by the Employment Relations (Northern Ireland) Order1999 (S.I. 1999/2790 (N.I. 9), Schedule 4, and by the Employment (Northern Ireland) Order 2002 (S.I. 2002/2836 (N.I. 2), Articles 3 and 4.