Protection of guaranteed minimum pension rightsE+W
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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 [or 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—
(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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