The Teachers' Pension Scheme Regulations 2014

Forfeiture of benefits E+W

181.—(1) The scheme manager may, in relation to a benefit to which this regulation applies—

(a) defer or suspend payment of the benefit for so long as the scheme manager determines; or

(b) reduce the amount or rate of the benefit by so much and for so long as the scheme manager determines.

(2) This regulation applies in relation to—

(a) a benefit payable to a person convicted of an offence mentioned in paragraph (3) if the offence is committed before the benefit became payable;

(b) a retirement pension or pension credit retirement pension payable to a person convicted of an offence mentioned in paragraph (4) (or a lump sum payable to that person in place of part of a pension) if the offence is committed before the benefit became payable;

(c) a benefit payable to a person convicted of an offence mentioned in paragraph (5) if the person is the beneficiary of the deceased member.

(3) The offence is—

(a) an offence of treason; or

(b) one offence or more under the Official Secrets Acts 1911 to 1989 M1 for which the person has been sentenced on the same occasion to—

(i) one term of imprisonment of at least 10 years; or

(ii) 2 or more consecutive terms of imprisonment which add up to at least 10 years.

(4) The offence is an offence—

(a) committed in connection with service as a public servant; and

(b) certified by the Secretary of State as—

(i) gravely injurious to the interests of the State; or

(ii) liable to lead to serious loss of confidence in the public service.

(5) The offence is one of the following offences committed in relation to the death of a member (D)—

(a) the murder of D;

(b) the manslaughter of D;

(c) any other offence of which the unlawful killing of D is an element.

(6) The power in paragraph (1) may not be exercised in relation to the guaranteed minimum pension of a person unless—

(a) the person is convicted of an offence mentioned in paragraph (3), or

(b) in the case of a widow's, widower's or surviving civil partner's guaranteed minimum pension, the person by reference to whose employment the pension is payable is convicted of an offence mentioned in paragraph (3).

Marginal Citations

M1 1911 c.28, 1920 c.75, 1939 c.121, 1989 c.6.