PART 12Supplementary

CHAPTER 3Forfeiture and set-off

Forfeiture: offences committed by membersI1165

1

If a member is convicted of a relevant offence, the scheme manager may to the extent the scheme manager considers appropriate 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 1387 of that Act F1(minimum pensions for widows, widowers and surviving civil partners) .

4

In this regulation—

“forfeiture certificate” means a certificate stating that the F2Minister of the Crown issuing the certificate 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—

F3a

one or more offences under the Official Secrets Acts 1911 to 198988 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;

F4b

F4an offence committed in connection with service as a public servant and in respect of which the Department has issued a forfeiture certificate.