The Judicial Pensions Regulations (Northern Ireland) 2015

Forfeiture: offences committed by a member’s beneficiary

152.—(1) If the beneficiary of a deceased member of this scheme (D) is convicted of a relevant criminal offence, the Department of Justice may, in agreement with the Lord Chief Justice and to the extent that they both consider appropriate, withhold benefits payable to the beneficiary in respect of D.

(2) The Department of Justice may, in agreement with the Lord Chief Justice and to the extent that they both consider it appropriate, 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 (minimum pensions for widows and widowers) of the 1993 Act.

(3) If the Department of Justice withholds all of the benefits payable to a beneficiary, Part 8 applies as if the beneficiary had died before D.

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

(a) the murder of D;

(b) the manslaughter of D; or

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