PART 2Administration

Forfeiture

Protection of guaranteed minimum pension rights95.

(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 M1 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.