Local Government Pension Scheme Regulations (Northern Ireland) 2002

Exclusion of rights to return of contributions

89.—(1) A person is not entitled to a repayment under regulation 88(1) if –

(a) he becomes a member again within one month and one day (otherwise than in employment he held concurrently with the employment in which he was previously a member);

(b) he left his employment because of –

(i) an offence of a fraudulent character, or

(ii) grave misconduct,

in either case in connection with that employment, or

(c) regulation 120(2) applies.

(2) But where paragraph (1)(b)(ii) applies, the employing authority may direct the payment out of the fund to him or, where paragraph (1)(b)(i) applies, to him or to his spouse or any dependant of his, of a sum equal to all or part of his contributions.

(3) A person is not entitled to a repayment under regulation 88(1) if –

(a) he is for the time being entitled to be paid, or has been paid, a benefit under regulation 29(3) (ill-health grant) or an ill-health retirement grant under regulation D8 of the 2000 Regulations;

(b) a transfer value has been credited to the fund for him.

(4) A person who is entitled to a repayment under regulation 88(1)(a) ceases to be entitled to it if he returns to local government employment before receiving it.