Refund of all member contributions and payments for extra pension made by the memberN.I.
139.—(1) This regulation applies in relation to a continuous period of pensionable service under the scheme.
(2) All member contributions and payments resulting from the exercise of an option under Schedule 1 (“Payments for extra pension”) made by the member in relation to the period of pensionable service are only refundable if—
(a)regulation 24 (opting out before the end of one month) applies; or
(b)the member’s pensionable service ceases and—
(i)the member has less than 2 years’ qualifying service;
(ii)if a transfer payment has been received by this scheme in relation to the member, it was from another occupational pension scheme; and
(iii)the member has not reached normal pension age under this scheme.
(3) If paragraph (2)(b) applies, the member is entitled to be paid an amount equal to the sum of all member contributions and payments for extra pension made by the member, less an amount equal to the income tax payable under section 205 (short service refund lump sum charge) of the 2004 Act(1) as a result of a refund of those contributions and payments.
(4) If all [F1member] contributions and payments for extra pension made by the member are refunded under this regulation, the member’s rights under this scheme in relation to the period [F1of] pensionable service are extinguished.
Textual Amendments
F1Word in reg. 139(4) substituted (with effect in accordance with of the amending Rule) by The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/67), regs. 1(2), 44
Commencement Information
Section 205 was amended by Finance Act 2013 (c.29) Schedule 46 paragraphs 119 and 121 and S.I. 2010/536