PART 8SPECIAL ADJUSTMENTS

Protection of guaranteed minimum pension rights75.

(1)

The power—

(a)

to give directions under regulation 72(3); or

(b)

to recover or retain amounts under regulation 74(2),

may not be exercised so as to deprive a person of his guaranteed minimum pension or any widow’s, widower’s or surviving civil partner’s guaranteed minimum pension.

(2)

But such a power may be so exercised if the person left his employment—

(a)

because of the offence of treason; or

(b)

because of one or more offences under the Official Secrets Act 1911 to 198946 for which the former member has been sentenced on the same occasion—

(i)

to a term of imprisonment of at least 10 years, or

(ii)

to two or more consecutive terms amounting in the aggregate to at least 10 years.