Eligibility for refund
39.—(1) Contributions made by a member (M) may be repaid to M if—
(a)the 1993 Act condition applies; or
(b)the short service condition applies.
(2) The “1993 Act condition” is that—
(a)Chapter 5 of Part 4 of the 1993 Act(1) applies to M; and
(b)the repayment is made in accordance with that Chapter.
(3) The short service condition applies if—
(a)M does not qualify for benefits under regulation 71;
(b)M is not a pensioner member;
(c)M ceases to be an active member;
(d)the 1993 Act condition does not apply to M; and
(e)M makes a claim in writing to the scheme manager for the repayment.
Chapter 5 of Part 4 was amended by the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (N.I. 1)) Article 241 and deals with early leavers; cash transfer sums and contribution refunds