The Police Pensions Regulations (Northern Ireland) 2015

Forfeiture: offences committed by members N.I.

209.—(1) If a member is convicted of a relevant offence, the pension supervising authority may to the extent the pension supervising authority considers appropriate require the scheme manager to withhold benefits payable under this scheme to or in respect of the member.

(2) Paragraph (3) applies if benefits are to be withheld as a result of an offence falling within paragraph (b) of the definition of “relevant offence”.

(3) The scheme manager may only withhold that part of a person's pension that exceeds any guaranteed minimum to which the person is entitled under—

(a) section 10 of the 1993 Act (earner's guaranteed minimum); or

(b) section 13 M1 of that Act (minimum pension for surviving spouses and civil partners).

[F1 (3A) The pension supervising authority may to the extent that in its discretion it thinks fit restore to the member or apply for the benefit of an eligible child or surviving adult of the member any amount of pension that has been forfeited under this regulation.]

(4) In this regulation—

“forfeiture certificate” means a certificate given by the Department stating that the Department considers that the offence—

(a)

has been gravely injurious to the interests of the State; or

(b)

is liable to lead to serious loss of confidence in the public service; and

“relevant offence” means—

(a)

F2 one or more offences under the Official Secrets Acts 1911 to 1989 M2 [F3 , or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,] for which the member has been sentenced on the same occasion to—

(i)

a term of imprisonment of at least 10 years; or

(ii)

2 or more consecutive terms of imprisonment which add up to at least 10 years;

(b)

F2 an offence committed in connection with service as a member of the police service and in respect of which the Department has issued a forfeiture certificate.

Textual Amendments

F1 Reg. 209(3A) inserted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 39(2)

F2 Words in reg. 209(4) substituted (with effect in accordance with reg. 2(c) of the amending Rule) by The Police Pensions (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/38), regs. 2, 39(3)

F3 Words in reg. 209(4) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 51(2)

Marginal Citations

M1 Section 13 was amended by the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) Art.3(1), Sch.1 para.42, the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.I. 2005/433) Sch.1 para.5, the Child Support, Pensions and Social Security Act (Northern Ireland) (2000 c.4) sections.52, 67, Sch. 5 Pt. 1 para.1 and Sch.3 Pt.3(4), the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255) Art.261(2) and the Pensions Act (Northern Ireland)

2008 (c.1.(N.I.))

M2 1989 c. 6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.