The National Health Service Pension Scheme Regulations 1995

Loss of rights to benefits E+W+S

T6.—(1) Subject to paragraph (2), the Secretary of State may direct that all or part of any rights to benefits or other amounts payable to or in respect of a member be forfeited if the member is convicted of any of the following offences, committed before the benefit or other amount becomes payable—

(a) an offence in connection with employment to which [F1 this Section of] the scheme applies which is certified by the Secretary of State either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service;

(b) an offence of treason;

(c) one or more offences under the Official Secrets Acts 1911 to 1989 M1 for which the member 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.

[F2 (1A) Subject to paragraph (2), the Secretary of State may also direct that all or part of any rights to benefits or other amounts payable in respect of a member be forfeited where such benefits or amounts are payable to a person who is—

(a) the member’s [F3 widow, widower [F4 , surviving nominated partner] or surviving civil partner];

(b) a dependant of the member;

(c) a person not coming within sub-paragraph (a) or (b) who is specified in a notice [F5 or nomination] given under regulation [F6 F5]; or

(d) a person to whom such benefits or amounts are payable under the member’s will or on his intestacy,

and that person is convicted of the offence of murder or manslaughter of that member or of any other offence of which unlawful killing of that member is an element.]

(2) A guaranteed minimum pension may be forfeited only if [F7 paragraph (1)(b) or (c)] applies.

Textual Amendments

F1 Words in reg. T6(1) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 1 para. 1

F2 Reg. T6(1A) inserted (1.4.2003) by The National Health Service (Pension Scheme, Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2003 (S.I. 2003/631), reg. 1(1), Sch. para. 4(a)

F3 Words in reg. T6(1A)(a) substituted (5.12.2005) by The National Health Service (Pension Scheme, Injury Benefits, Additional Voluntary Contributions and Compensation for Premature Retirement) (Civil Partnership) Amendment Regulations 2005 (S.I. 2005/3074), regs. 1, 2(27)

F4 Words in reg. T6(1A)(a) inserted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6)(a), 19(a) (with reg. 93)

F5 Words in reg. T6(1A)(c) inserted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6)(a), 19(b)(i) (with reg. 93)

F6 Word in reg. T6(1A)(c) substituted (with effect from 1.4.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(6)(a), 19(b)(ii) (with reg. 93)

F7 Words in reg. T6(2) substituted (1.4.2003) by The National Health Service (Pension Scheme, Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2003 (S.I. 2003/631), reg. 1(1), Sch. para. 4(b)

Marginal Citations

M1 1911 c.28; 1920 c.75; 1939 c.121; 1989 c.6.