Public Service Pay and Pensions Act 2017
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Contributions made by certain persons who cease to be public servants | ||
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40. (1) Where a payment is made, in accordance with this Part, in respect of a person— | ||
(a) who ceases to be a public servant, | ||
(b) to whom no superannuation benefit (including preserved benefit, within the meaning given by section 28 of the Pensions Act 1990 ) or relevant benefit has accrued, and | ||
(c) whose service is not transferred to another public service body in accordance with arrangements approved by the Minister for Housing, Planning and Local Government or the Minister, | ||
that payment shall not be treated as a payment of the contribution under this Part. | ||
(2) The person liable to account for any payment referred to in subsection (1) shall repay it, as soon as practicable, to the person from whose remuneration it was deducted. | ||
(3) If a person receives a repayment under subsection (2) on ceasing to be a public servant and subsequently wishes to have the service in respect of which that repayment was made reckoned for superannuation purposes, then— | ||
(a) the person shall refund the repayment plus compound interest (in accordance with arrangements determined by the Minister) to the person who made the repayment to him or her, and | ||
(b) that refund plus the amount of interest payable under paragraph (a) is to be treated as a payment of the contribution under this Part. |