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Changes over time for: Section 95
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Version Superseded: 20/12/2023
Status:
Point in time view as at 31/12/2014. This version of this provision has been superseded.
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Changes to legislation:
The Local Government Pension Scheme Regulations 2013, Section 95 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Protection of guaranteed minimum pension rightsE+W
This section has no associated Explanatory Memorandum
95.—(1) The power to direct forfeiture of benefits under regulation 91 (forfeiture of pension rights after conviction for employment-related offences) or to recover or retain amounts under regulation 93 (recovery or retention where former member has misconduct obligation) may not be exercised so as to deprive a person of the guaranteed minimum pension or 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 for which the person 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.
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