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The Police Pensions Regulations (Northern Ireland) 2015

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CHAPTER 5N.I.Forfeiture and set-off

Pension supervising authorityN.I.

208.—(1) For the purpose of this Chapter, the table in this regulation specifies the pension supervising authority for a member of the police service in Northern Ireland.

(2) The pension supervising authority may require the scheme manager to withhold benefits payable to a member under this Chapter.

Member of the police servicePension supervising authority
a member of the police service who falls within Regulation 4(1);the Board F1
a member of the police service engaged on relevant service under section 27 of the 1998 Act.the Board

F1See section 2 of the Police (Northern Ireland)Act 2000 for the meaning of “the Board”

Forfeiture: offences committed by membersN.I.

209.—(1) If a member is convicted of a relevant offence, the pension supervising authority may to the extent the pension supervising authority considers appropriate require the scheme manager to withhold benefits payable under this scheme to or in respect of the member.

(2) Paragraph (3) applies if benefits are to be withheld as a result of an offence falling within paragraph (b) of the definition of “relevant offence”.

(3) The scheme manager may only withhold that part of a person's pension that exceeds any guaranteed minimum to which the person is entitled under—

(a)section 10 of the 1993 Act (earner's guaranteed minimum); or

(b)section 13 F2of that Act (minimum pension for surviving spouses and civil partners).

(4) In this regulation—

forfeiture certificate” means a certificate given by the Department stating that the Department considers that the offence—

(a)

has been gravely injurious to the interests of the State; or

(b)

is liable to lead to serious loss of confidence in the public service; and

relevant offence” means—

(c)

one or more offences under the Official Secrets Acts 1911 to 1989 F3 for which the member has been sentenced on the same occasion to—

(i)

a 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;

(d)

an offence committed in connection with service as a member of the police service and in respect of which the Department has issued a forfeiture certificate.

F2Section 13 was amended by the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) Art.3(1), Sch.1 para.42, the Civil Partnership (Contracted-out Occupational and Appropriate Personal Pension Schemes) (Surviving Civil Partners) Order (Northern Ireland) 2005 (S.I. 2005/433) Sch.1 para.5, the Child Support, Pensions and Social Security Act (Northern Ireland) (2000 c.4) sections.52, 67, Sch. 5 Pt. 1 para.1 and Sch.3 Pt.3(4), the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255) Art.261(2) and the Pensions Act (Northern Ireland)

2008 (c.1.(N.I.))

F31989 c. 6; see section 16(2) for the meaning of “Official Secrets Acts 1911 to 1989”.

Forfeiture: offences committed by a member's beneficiaryN.I.

210.—(1) If the beneficiary of a deceased member of this scheme is convicted of a relevant criminal offence, the pension supervising authority may to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable to the beneficiary in respect of the member.

(2) The scheme manager may withhold benefits but may only withhold that part of a pension that exceeds any guaranteed minimum to which the beneficiary is entitled under section 13 of the 1993 Act.

(3) The pension supervising authority may to the extent that in its discretion it thinks fit restore to the member or apply for the benefit of an eligible child or surviving adult of the member any amount of pension that has been forfeited under this regulation.

(4) If the scheme manager withholds all of the benefits payable to a beneficiary, Part 9 (death benefits) applies as if the beneficiary had died before the member.

(5) In this regulation, “relevant criminal offence” means—

(a)the murder of the member;

(b)the manslaughter of the member; or

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

Forfeiture: relevant monetary obligations and relevant monetary lossesN.I.

211.—(1) If a member (P) owes a relevant monetary obligation or has caused a relevant monetary loss, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable to P under this scheme.

(2) The scheme manager may withhold benefits but may only withhold that part of P's pension that exceeds any guaranteed minimum to which P is entitled under section 10 of the 1993 Act.

(3) The scheme manager may not withhold more than the lesser of—

(a)the amount of the relevant monetary obligation or relevant monetary loss; and

(b)the value of P's entitlement to benefits.

(4) The scheme manager may only withhold benefits if—

(a)there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or

(b)the relevant monetary obligation or relevant monetary loss is enforceable as follows—

(i)under an order of a competent court;

(ii)in consequence of an award of an arbitrator; or

(iii)in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

(5) In this regulation—

relevant monetary obligation” means a monetary obligation which—

(a)

was incurred to the Department or P's employer (if different);

(b)

was incurred after P became an active member of this scheme;

(c)

arose out of P's criminal, negligent or fraudulent act or omission; and

(d)

arose out of or was connected with the eligible service in respect of which P is a member of this scheme; and

relevant monetary loss” means a monetary loss which—

(a)

was caused to this scheme; and

(b)

arose as a result of P's criminal, negligent or fraudulent act or omission.

Set-offN.I.

212.—(1) The pension supervising authority may require the scheme manager to set off a relevant monetary obligation against a member's entitlement to benefits under this scheme.

(2) In this regulation, a “relevant monetary obligation” is a monetary obligation owed by a member (P), which satisfies the conditions in paragraph (3), (4) or (5).

(3) The conditions are that the monetary obligation—

(a)was incurred to the Department or P's employer (if different);

(b)was incurred after P became an active member of this scheme; and

(c)arose out of or was connected with the eligible service in respect of which P is a member of this scheme.

(4) The conditions are that the monetary obligation—

(a)was incurred to this scheme; and

(b)arose out of P's criminal, negligent or fraudulent act or omission.

(5) The conditions are that the monetary obligation—

(a)was incurred to this scheme; and

(b)arose out of a payment made to P in error by the scheme manager.

(6) Paragraph (7) applies if a set-off is to be applied as a result of P owing a relevant monetary obligation which satisfies the conditions in paragraph (3).

(7) Where this paragraph applies, the scheme manager may not apply a set-off against that part of P's entitlement to benefits that represents transfer credits within the meaning of article 121 (interpretation of Part 2) of the 1995 Order F4 (other than prescribed transfer credits for the purpose of article 89(5)(d) of the 1995 Order F5 (exceptions from the inalienability of occupational pensions).

(8) The scheme manager may only apply a set-off against that part of a member's pension that exceeds any guaranteed minimum to which the member is entitled under section 10 of the 1993 Act.

(9) The value of the set-off applied must not exceed the lesser of—

(a)the amount of the relevant monetary obligation; and

(b)the value of P's entitlement to benefits.

(10) The scheme manager may only set off a relevant monetary obligation against P's entitlement to benefits if—

(a)there is no dispute as to the amount of the relevant monetary obligation; or

(b)the relevant monetary obligation is enforceable—

(i)under an order of a competent court;

(ii)in consequence of an award of an arbitrator; or

(iii)in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

F4The definition of “transfer credits “in Article 121(1) was amended by the Pensions (Northern Ireland) Order 2005 (S.I.2005/255 (N.I. 1)), Art.290(1), Sch.10 para. 63(1), 63(2);

F5Article 89(5)(d) was amended by the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I.11)) Schedule 9 para 46(1) and (4). See S.R. 1997 No.153 which prescribes the transfer credits.

Forfeiture and set-off: procedureN.I.

213.—(1) If the pension supervising authority proposes to require the scheme manager to withhold benefits or apply a set-off against a person's entitlement to benefits, the pension supervising authority must notify the person of the proposal in writing.

(2) If the scheme manager withholds benefits under regulation 211(forfeiture: relevant monetary obligations and relevant monetary losses) or applies a set-off against an entitlement to benefits under regulation 212 (set-off), the scheme manager must give the member a certificate showing—

(a)the amount withheld or set off; and

(b)the effect of the withholding or set-off on the member's benefits under this scheme.

Forfeiture: appeals to the DepartmentN.I.

214.—(1) If the pension supervising authority proposes to require the scheme manager to withhold any benefits payable to or in respect of a member of the police service (“the member”), the member or a person claiming payment of a benefit for or inrespect of the member may, subject to regulation 207 (limitations on appeals), appeal against the proposal to the Department,

(2) Regulation 222 (procedure on appeals to the Department)sets out the procedure for appeals under this regulation to the Department.

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