Recovery or retention where former member has misconduct obligation
116.—(1) This regulation applies where a person –
(a)has left an employment, in which he was or had at some time been a member, in consequence of a criminal, negligent or fraudulent act or omission on his part in connection with that employment;
(b)has incurred some monetary obligation, arising out of that act or omission, to the body which was his employing authority in that employment; and
(c)is entitled to benefits under Part II.
(2) The former employing authority may recover or retain out of the fund –
(a)the amount of the monetary obligation; or
(b)the value at the time of the recovery or retention of all rights in respect of the former employee under the Scheme with respect to his previous membership (as determined by an actuary),
whichever is less.
(3) The rights specified in paragraph (2)(b) do not include rights enjoyed by virtue of the receipt of a transfer value or credited by virtue of regulation 68(4) (including that regulation as it applies by virtue of regulation 74).
(4) The former employing authority must give the former employee–
(a)not less than three months' notice of the amount to be recovered or retained under paragraph (2); and
(b)a certificate showing the amount recovered or retained, how it is calculated, and the effect on his benefits or prospective benefits.
(5) If there is any dispute over the amount of the monetary obligation specified in paragraph (1)(b), the former employing authority may not recover or retain any amount under paragraph (2) until the obligation is enforceable under an order of a competent court or the award of an arbitrator.