PART 3Contributions

CHAPTER 2Employees’ Contributions

Entitlement to repayment of balance of contributions22

1

This regulation applies where a person (T) has ceased to be in pensionable employment and—

a

T is not qualified for retirement benefits,

b

no transfer value has since been paid or become payable in respect of T,

c

T has not since taken any right to a cash equivalent,

d

T did not re-enter pensionable employment within one month after ceasing to be in pensionable employment, and

e

T has not elected to pay contributions under regulation C9 of TPR 1997 or regulation 19 (election to pay contributions by a person serving in a reserve force) for any period which includes the period beginning when T ceased to be in pensionable employment and ending one month later.

2

But this regulation—

a

does not apply if T ceased to be in pensionable employment before 6th April 1980, and the salary on which contributions were payable by T under TSR 1976 or under previous provisions in any year had exceeded £5,000, and

b

is subject to regulation 124 (general prohibition on unauthorised payments).

3

For the purposes of paragraph (1) if a person (T) ceases to be in pensionable employment because T is absent on maternity, paternity, parental or adoption leave in respect of which T is entitled to return from leave pursuant to any provision of, or of regulations made under, Part 8 of the Employment Rights Act 199617 that period of absence is treated as pensionable employment.

4

Where this regulation applies T is entitled to be repaid the balance of T’s contributions, calculated in accordance with regulation 23, but this paragraph is subject to regulation 24 (application for repayment of contributions).

5

The entitlement to repayment takes effect one month after the person ceased to be in pensionable employment.