SECTION 4: AGE RETIREMENT BENEFITS
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Re-employment of a member who has been paid a return of
basic contributions or an ill-health payment or a marriage gratuity
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(1) |
Nothing in this Rule shall invalidate a grant of qualifying
and reckonable service which was made under Former Rule 11.
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(2) |
A person who has been awarded a return of basic contributions
under Rule 4.04, 5.13, 5.14 or 5.17, or an ill-health payment under Rule
5.03 or, in the case of a former non industrial scheme member, a marriage
gratuity under Former Rule 27(3)(h) as amended by Rule 4.30, and who leaves
employment before 6 April 1975 may not refund the payment if he is re-employed.
On re-employment he will be treated (subject to Rule 5.13) as a new entrant
to this Scheme, except that if he is re-employed before any payment for
his earlier service has been made, he may opt to forego those payments and
have his previous service restored as if there had been no break in employment
(that is, for the purposes of the re-employment, his previous qualifying
service will count as qualifying service and his previous reckonable service
as reckonable service) or, in the case of a former non industrial scheme
member, alternatively, to forego a return of basic contributions while retaining
a marriage gratuity with restoration of service from 1 June 1972 as if there
had been no break in employment.
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(3) |
A person who has been awarded any payment specified in paragraph
(2) and who leaves employment on or after 6 April 1975 and before 6 April
1978 will be treated in accordance with that paragraph, except that if he
is re-employed before reaching retiring age and after a break not exceeding
thirty-one days, then:
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(a) |
if the payment has already been made, it may not be refunded
but his previous qualifying service shall count as qualifying service (only)
for the purposes of the re-employment, save that, in the case of a former
non industrial scheme member, if a marriage gratuity is retained, service
before 1 June 1972 shall neither count as qualifying service nor reckon
as reckonable service;
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(b) |
if the payment has not already been made, its award will be
cancelled and his previous service restored, save that an award of a marriage
gratuity may, in the case of a former non industrial scheme member, be retained
without restoration of service before 1 June 1972 and that an award of a
basic return of contributions under Rule 5.17 may be retained if he is treated
as a new entrant to this Scheme.
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(4) |
A person who has been awarded any payment specified in
paragraph (2) and who leaves employment on or after 6 April 1978 will be
treated in accordance with that paragraph, except that if he is re-employed
before retiring age and after a break not exceeding six months or if, being
a woman who has the right to return to work under the Employment Protection
Act 1975 following pregnancy or confinement, she does in fact return to
work within the period prescribed under Section 48(1) of that Act, then:
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(a) |
if the payment has already been made it must be refunded and
his previous service will be restored, save that a marriage gratuity, in
the case of a former non industrial scheme member, may be retained without
restoration of service before 1 June 1972;
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(b) |
if the payment has not already been made, its award will be
cancelled and his previous service restored, save that an award of a marriage
gratuity may be retained without restoration of service before 1 June 1972.
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Unless he opts to make any refund due under sub-paragraph
(a) of this paragraph in one lump sum to be paid within three months of
re-employment, it will be recovered from his pay in equal instalments over
a period commencing on re-employment and not exceeding five months.
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