173.—(1) If a member, surviving partner or eligible child is convicted of a relevant offence, the scheme manager may, to such extent and for such duration as it considers appropriate, withhold pensions payable under this scheme to—
(a)the member;
(b)any person in respect of the member;
(c)a surviving partner; or
(d)an eligible child.
(2) Where a surviving partner's or an eligible child's pensions under Part 6 (death benefits) is to be withheld under paragraph (1) as a result of a relevant offence falling under paragraph (a) or (b) of the definition of that expression in paragraph (5), the offence must have been committed after the death on which the person became entitled to the surviving partner or eligible child's pension, as the case may be.
(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 Pension Schemes Act (earner's guaranteed minimum); or
(b)section 13 (minimum pensions for widows and widowers) M1 of that Act.
(4) The scheme manager may, at any time and to such extent and for such duration as it thinks fit—
(a)apply for the benefit of any dependant of the member; or
(b)restore to the member,
so much of any pension as has been withdrawn under this regulation.
(5) In this regulation—
“forfeiture certificate” means a certificate stating that the Department issuing the certificate considers that the offence—
has been gravely injurious to the interests of the State, or
is liable to lead to serious loss of confidence in the public service;
“relevant offence” means—
offences of treason,
offences under the Official Secrets Acts 1911 to 1989 M2 for which the member has been sentenced on the same occasion—
to a term of imprisonment of at least 10 years,
to two or more consecutive terms amounting in the aggregate to at least 10 years, or
offences—
committed in connection with the member's scheme employment; and
in respect of which the Department has issued a forfeiture certificate.
Marginal Citations
M11993 (c. 49). Section 13 was amended by the Social Security Contribution (Transfer of functions, etc) (Northern Ireland) Order 1999 (S.I. 1999/671) Schedule 1 paragraph 42; the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (NI) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (NI 1)) article 261(3); the Pensions Act (Northern Ireland) 2008 (c. 1) (NI) section 12(2) and SR 2005 No 433.
M21989 c.6, see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.
174.—(1) If a person (P) is convicted of the murder of a member, the scheme manager must withhold all of any surviving partner or eligible child's pension otherwise payable to P in respect of the member under Part 6 (death benefits).
(2) If P is convicted of a relevant offence, the scheme manager may, to such extent as it considers consider appropriate, withhold any surviving partner or eligible child's pension payable to P in respect of a member under Part 6 (death benefits).
(3) If paragraph (1) applies, Part 6 (death benefits) applies as if P had died before the member.
(4) Under paragraph (2), the scheme manager may only withhold such part of P's pension as exceeds any guaranteed minimum to which P is entitled under section 13 of the Pension Schemes Act.
(5) If P is convicted of the murder of a member and the conviction is subsequently quashed on appeal, any surviving partner or eligible child's pension withheld is to be payable from the day after that on which the member died, and the scheme manager must, as soon as reasonably practicable after the conviction is quashed, pay the arrears of the pension accrued.
(6) If P is convicted of a relevant offence and the conviction is subsequently quashed on appeal any decision under paragraph (2) is to be treated as revoked and the scheme manager must, as soon as reasonably practicable after the conviction is quashed, pay the arrears of the pension accrued from the day after that on which the member died.
(7) Nothing in paragraphs (5) or (6) is to affect the application of paragraphs (1) or (2) if the person whose conviction is quashed is subsequently convicted of the murder of the member or of a relevant offence.
(8) In this regulation, relevant offence means—
(a)the manslaughter of the member; or
(b)any other offence, apart from murder, of which the unlawful killing of the member is an element.
175.—(1) If a person is convicted of a relevant offence, the scheme manager must withhold all of any lump sum death benefit payable to that person in respect of a member under Chapter 4 of Part 6 (death benefits).
(2) In this regulation, relevant offence means—
(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.
(3) If paragraph (1) applies and the scheme manager withholds all benefits, Part 6 (death benefits) applies as if that person had died before the member.
(4) If a person is convicted of a relevant offence and their conviction is subsequently quashed on appeal the scheme manager may, to such extent and for such duration as it thinks fit, restore to that person so much of any benefit as has been withheld under this regulation.
(5) Nothing in paragraph (4) is to affect the application of paragraph (1) if the person whose conviction is quashed is subsequently convicted of a relevant offence.
176.—(1) If a member (P) has a relevant monetary obligation or has caused a relevant monetary loss the scheme manager may, to such extent and for such duration as they consider appropriate, withhold benefits payable to P under this scheme.
(2) The scheme manager may withhold benefits to the extent the scheme manager considers appropriate but may only withhold that part of P's pension as exceeds any guaranteed minimum to which P is entitled under section 10 of the Pension Schemes Act.
(3) The scheme manager may not withhold more than the lesser of—
(a)the amount of the relevant monetary obligation or relevant monetary loss; and
(b)the value of P's entitlement to benefits.
(4) The scheme manager may only withhold benefits if—
(a)there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or
(b)the relevant monetary obligation or relevant monetary loss is enforceable as follows—
(i)under an order of a competent court; or
(ii)in consequence of an award of an arbitrator.
(5) In this regulation—
“relevant monetary obligation” means a statutory obligation which—
was incurred to the Board,
was incurred after P became an active member of this scheme,
arose out of P's criminal, negligent or fraudulent act or omission, and
arose out of or was connected with the scheme employment in respect of which P is a member of this scheme; and
“relevant monetary loss” means a monetary loss which—
was caused to this scheme, and
arose as a result of P's criminal, negligent or fraudulent act or omission.
177.—(1) The scheme manager may set off a relevant monetary obligation against a member's entitlement to benefits under this scheme.
(2) In this regulation, a “relevant monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraphs (3), (4) or (5).
(3) The conditions in this paragraph are that the monetary obligation—
(a)was incurred to the Board;
(b)was incurred after P became an active member of this scheme;
(c)arose out of or was connected with the service in the scheme employment in respect of which P is a member of this scheme; and
(d)arose out of P's criminal, negligent or fraudulent act or omission.
(4) The conditions in this paragraph are that the monetary obligation—
(a)was incurred to this scheme; and
(b)arose out of P's criminal, negligent or fraudulent act or omission.
(5) The conditions in this paragraph are that the monetary obligation—
(a)was incurred to this scheme; and
(b)arose out of a payment made to P in error by the scheme manager.
(6) Paragraph (7) applies if a set-off is to be applied as result of P owing a relevant monetary obligation which satisfies the conditions in paragraph (3).
(7) Where this paragraph applies, the scheme manager may not apply a set-off against such part of P's entitlement to benefits that represents transfer credits within the meaning of article 121(1) (interpretation of Part 2) of the Pensions (Northern Ireland) Order 1995 M3 other than prescribed transfer credits for the purposes of section 89(5)(d) (inalienability of occupational pension) of the Pensions (Northern Ireland) Order 1995 M4.
(8) The scheme manager may only apply a set-off against that part of a member's pension that exceeds any guaranteed minimum to which that member is entitled under section 10 of the Pension Schemes Act.
(9) The value of the set-off applied must not exceed the lesser of—
(a)the amount of the relevant monetary obligation;
(b)the value of P's entitlement to benefits.
(10) The scheme manager may only set off a relevant monetary obligation against P's entitlement to benefits if—
(a)there is no dispute as to the amount of the relevant monetary obligation; or
(b)the relevant monetary obligation is enforceable—
(i)under an order of a competent court, or
(ii)in consequence of an award of an arbitrator.
Marginal Citations
M3S.I. 1995/3213 (NI 22). Article 121(1) was amended by The Welfare Reform and Pensions (Northern Ireland) Order 1999 Schedule 9 paragraph 17 and 50, the Child support, Pensions and Social security Act (Northern Ireland) 2000 (c. 4) (NI) Schedule 5 paragraph 5, the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (NI 1)) section 6(2), Schedule 10 paragraph 63(2), SR 2005 No 434 and SI 2006/745.
M4S.I. 1995/3213 (NI 22). Article 89(5)(d) was amended by the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (NI 11)) Schedule 9 paragraphs 32 and 46. See SR 1997 No 153 which prescribes the transfer credits.
178.—(1) If the scheme manager proposes to withhold benefits or apply a set-off against a person's entitlement to benefits, the scheme manager must notify the person of the proposal in writing.
(2) If the scheme manager withholds benefits under regulation 176 (forfeiture; relevant monetary obligations and relevant monetary losses) or applies a set-off against an entitlement to benefits under regulation 177 (set-off), the scheme manager must give the member a certificate showing—
(a)the amount withheld or set off; and
(b)the effect of the withholding or set-off on the member, surviving partner or eligible child's benefits under this scheme.