Public Service Pensions (Single Scheme and Other Provisions) Act 2012

17.

Return of contributions in certain cases.

17.— (1) Where a Scheme member or former Scheme member has completed less than the vesting period and whose membership ceases otherwise than on medical grounds or death, his or her contributions shall be returned to him or her less an amount equal to any income tax or other statutory liability by the relevant authority in respect of such contributions and, accordingly, the Scheme member or former Scheme member is, except where subsection (3) applies, not entitled to receive any further benefit under this Chapter in respect of the period of such membership.

(2) Where under section 46 a Scheme member has pensionable remuneration in excess of one full-time employment (or the aggregated equivalent of one full-time employment) his or her contributions in respect of any pensionable remuneration not taken into account in computing referable amounts provided for in the calculation of benefits sections shall be returned to the member less an amount equal to any income tax or other statutory liability by the relevant authority in respect of such contributions.

(3) Where a person—

( a) has had contributions returned to him or her under subsection (1),

( b) is subsequently re-employed as a pensionable public servant within 24 months of ceasing to be a public servant, and

( c) pays such amount to the relevant authority concerned as would, on the date of payment or of the final payment where subsection (4) applies, represent the amount of the contributions paid to him or her with compound interest on such amount at such rate per annum as may be specified by the relevant authority with the approval of the Minister,

then he or she shall be regarded as not having ceased to be a Scheme member and shall have restored to him or her the sum of the referable amounts that he or she had accumulated at the date he or she had ceased to be a Scheme member.

(4) For the purposes of subsection (3), the relevant authority concerned may at its discretion agree to accept payment of the amount concerned in more than one payment.