PART 2ADMINISTRATION

FORFEITURE

Protection of guaranteed minimum pension rights106

1

The power to direct forfeiture of benefits under regulation 102 (forfeiture of pension rights after conviction for employment-related offences) or to recover or retain amounts under regulation 104 (recovery or retention where former member has misconduct obligation) may not be exercised so as to deprive a person of—

a

that person's guaranteed minimum pension; or

b

any widow's, widower's or surviving civil partner's guaranteed minimum pension.

2

But such a power may be exercised if the person is convicted—

a

of the offence of treason; or

b

of one or more offences under the Official Secrets Acts 1911 to 1989 M1 for which the person has been sentenced on the same occasion—

i

to a term of imprisonment of at least ten years, or

ii

to two or more consecutive terms amounting in the aggregate to at least ten years.