Regulation C14 Uncompleted return by instalments of repaid contributionsI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. C14 coming into force by Teachers' Superannuation 1998 reg. A1
reg. E11(2(b) words inserted by Teachers' Superannuation 2005 reg. 19(3)
reg. E20(7(a) substituted by Teachers' Superannuation 2005 reg. 22(7)
reg. E20(7(c) words substituted by Teachers' Superannuation 2005 reg. 22(8)
reg. C14(6)(a) words substituted by Teachers’ Pensions etc. (Reform Amendments) 2007 Sch. 3 para. 16

(1)

This regulation applies where instalments are payable by a person under regulation C13(5) or (7).

(2)

If before all the instalments have been paid—

(a)

the person becomes entitled to payment of retirement benefits; or

(b)

a death grant becomes payable in respect of him,

the balance outstanding, adjusted for early payment, shall be deducted from the appropriate terminal sum and the return of the contributions shall be treated as having been completed.

(3)

This paragraph applies where the instalments are payable under regulation C13(5) and before they have all been paid the person—

(a)

ceases to be in full-time pensionable employment; and

(b)

does not become entitled to payment of retirement benefits; and

(c)

continues in part-time pensionable employment or in comparable service.

(4)

Where paragraph (3) applies—

(a)

the person may elect to pay the balance outstanding by instalments under regulation C13(7); and

(b)

if he does not so elect, he shall make a single payment of the balance outstanding, adjusted for early payment.

(5)

This paragraph applies where before all the instalments have been paid—

(a)

the person ceases to be in pensionable employment or in comparable service; and

(b)

neither paragraph (2) nor paragraph (3) applies.

(6)

Where paragraph (5) applies—

(a)

the person may, if he elects to pay additional contributions for a current period under regulation C6 or C7, elect to pay the balance outstanding by instalments under regulation C13(7) (but payable at the same time as the additional contributions); and

(b)

if he does not so elect, he shall make a single payment of the balance outstanding, adjusted for early payment.

(7)

Where paragraph (3) or (5) applies and the person has not within 3 months after the end of the relevant employment—

(a)

made a payment under paragraph (4)(b) or (6)(b); or

(b)

made any election he could have made under paragraph (4)(a) or (6)(a),

the amount of the instalments already paid shall be repaid to him.

(8)

Where—

(a)

a person who has elected as mentioned in regulation C13(3)(b) is in part-time pensionable employment or in comparable service and an instalment has not been paid by the due date; or

(b)

a person has made an election under paragraph (4)(a) and an instalment has not been paid by the due date; or

(c)

a person has made an election under paragraph (6)(a) and an instalment is not paid by 21st April in the financial year following that in which it fell due,

then, unless within 3 months he makes a single payment of the balance outstanding, adjusted for early payment, the amount of the instalments already paid shall be repaid to him.

Annotations

Commencement

I1: Reg. C14 in operation at 2.11.1998, see reg. A1