THE POLICE PENSION (NORTHERN IRELAND) REGULATIONS 2009

Forfeiture of pension N.I.

52.—(1) This regulation applies to a pension payable—

(a) under this Part, to a police officer or former police officer;

(b) under regulation 36, to a survivor of such a police officer; and

(c) under Part 6, to a pension credit member.

(2) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the pensioner has been convicted of an offence mentioned in paragraph (3); and

[F1 (b) the beneficiary of a deceased member of this scheme is convicted of a relevant criminal offence mentioned in paragraph (3A).]

(3) The offences referred to in [F2 paragraph (2)(a)] are—

(a) an offence of treason;

(b) one or more offences under the Official Secrets Acts 1911 to 1989(1) [F3 , or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,] for which the grantee 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 ten years.

[F4 (3A) the relevant criminal offences referred to in paragraph (2)(b) are—

(a) the murder of the member;

(b) the manslaughter of the member; or

(c) any other offence of which the unlawful killing of the member is an element.]

(4) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the grantee has been convicted of an offence committed in connection with his service as a member of the police service; and

(b) that offence is certified by the Secretary of State 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.

[F5 (4A) If the scheme manager withholds all of the benefits payable to a beneficiary, regulations 36 to 39 apply as if the beneficiary has died before the member.]

(5) The Board may, to such extent as it at any time in its discretion thinks fit—

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension,

any amount or amounts of any pension that has or have been forfeited under this regulation.

(6) To the extent to which a pension is forfeited under this regulation, the Board shall be discharged from all actual or contingent liability in respect of it.

(7) This regulation has effect subject to regulation 40(10).

[F6 (8) In this Regulation, “beneficiary” means either a child survivor or an adult survivor as defined in regulation 37.]

Textual Amendments

F1 Reg. 52(2)(b) 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, 45(2)

F2 Words in reg. 52(3) 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, 45(3)

F3 Words in reg. 52(3)(b) 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. 28

F4 Reg. 52(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, 45(4)

F5 Reg. 52(4A) 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, 45(5)

F6 Reg. 52(8) 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, 45(6)

Commencement Information

I1 Reg. 52 in operation at 6.4.2009 with effect in accordance with s. 1(2)(3), see s. 1(2)(3)

(1)

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