C1C3C6Part I Occupational pensions

Annotations:
Modifications etc. (not altering text)
C6

Pt. I: Pensions Act 2004 (c.35), Pt. 3 construed as one with Pt. I of this Act (4.12.2005 for specified purposes, 30.12.2005 in so far as not already in force) by Pensions Act 2004 (c. 35), ss. 233, 322(1) (with s. 313); S.I. 2005/3331, art. 2(1)(a)(b), Sch. Pt. 1

Assignment, forfeiture, bankruptcy etc.

I1I2C5C492 Forfeiture, etc.

C71

Subject to the provisions of this section and section 93, an entitlement F1to a pension under an occupational pension scheme or a right to a future pension under such a scheme cannot be forfeited.

2

Subsection (1) does not prevent forfeiture by reference to—

a

a transaction or purported transaction which under section 91 is of no effect, F3...

F3b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

whether or not that event occurred before or after the pension became payable.

3

Where such forfeiture as is mentioned in subsection (2) occurs, any pension which was, or would but for the forfeiture have become, payable may, if the trustees or managers of the scheme so determine, be paid to all or any of the following—

a

the member of the scheme to or in respect of whom the pension was, or would have become, payable,

F4b

the spouse, civil partner, widow, widower or surviving civil partner of the member,

c

any dependant of the member, and

d

any other person falling within a prescribed class.

4

Subsection (1) does not prevent forfeiture by reference to the F2pensioner, or prospective pensioner, having been convicted of one or more offences—

C2a

which are committed before the pension becomes payable, and

b

which are—

i

offences of treason,

ii

offences under the Official Secrets Acts 1911 to 1989 for which the person 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, F5...

F6iia

offences under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023 for which the person 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, or

iii

prescribed offences.

5

Subsection (1) does not prevent forfeiture by reference to a failure by any person to make a claim for pension—

a

where the forfeiture is in reliance on any enactment relating to the limitation of actions, or

b

where the claim is not made within six years of the date on which the pension becomes due.

6

Subsection (1) does not prevent forfeiture in prescribed circumstances.

7

In this section and section 93, references to forfeiture include any manner of deprivation or suspension.