Regulation C12 Entitlement to repayment of balance of contributions
Subject to paragraphs (3) and (4), this regulation applies where a person has ceased to be in pensionable employment and—
he is not qualified for retirement benefits, and
no transfer value has since been paid or become payable in respect of him, and
he has not since taken any right to a cash equivalent, and
he did not re-enter pensionable employment within one month after ceasing to be in pensionable employment, and
he has not elected to pay additional contributions under regulation C9 or C10 for any period which includes the period beginning when he ceased to be in pensionable employment and ending one month later.
This regulation does not apply if—
the person ceased to be in pensionable employment before 6th April 1980, and
the salary on which contributions were payable by him under the 1976 Regulations or under previous provisions in any year had exceeded £5,000.
For the purposes of paragraph (1) a woman who ceased to be in pensionable employment wholly or partly because of pregnancy or confinement is to be treated—
as having remained in such employment while she enjoyed the right to return to work conferred by sections 79 to 85 of the Employment Rights Act 1996f1, and
if she has exercised that right, as not having ceased to be in pensionable employment.
Subject to regulation C15 (application for repayment), where this regulation applies the person is entitled to be repaid the balance of his contributions, calculated in accordance with regulation C13.
The entitlement takes effect one month after the person ceased to be in pensionable employment or on his 70th birthday if earlier.
Annotations
Footnotes
- f1