The Firefighters’ Pension Scheme Order (Northern Ireland) 2007

Withdrawal of pension on conviction of certain offences

84.—(1) Subject to paragraph (4), in the circumstances specified in paragraph (2), the Board may withdraw a pension in whole or in part, and permanently or temporarily as it may specify.

(2) The circumstances are—

(a) that the person entitled to the pension (“the pensioner”) has been convicted of an offence falling within paragraph (3), and in the case of a pension under Part C that the offence was committed after the death on which the pensioner became entitled to it; or

(b) that the pensioner has been convicted of an offence committed in connection with his service as a member of the fire and rescue service which is certified by a Minister of the Crown either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(3) The offences mentioned in paragraph (2)(a) are—

(a) an offence of treason; and

(b) one or more offences under the Official Secrets Acts 1911 to 1989(1) for which the pensioner has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

(4) In determining whether the withdrawal of a pension should—

(a) be permanent or temporary; and

(b) affect the pension in whole or in part,

the Board may make different determinations in respect of the secured and unsecured portions of the pension; but the secured portion may not be withdrawn permanently and may only be withdrawn temporarily for a period ending before the pensioner attains state pensionable age or one during which he is imprisoned or otherwise detained in legal custody.

(5) The Board may, to such extent as it thinks fit—

(a) apply for the benefit of any dependant of the pensioner’s; or

(b) restore to the pensioner,

so much of any pension as has been withdrawn under this article.

(1)

1911 c. 28, 1920 c. 75, 1939 c. 121. 1989 c.6