The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015

Forfeiture: offences committed by members, surviving partners or eligible children

173.—(1) If a member, surviving partner or eligible child is convicted of a relevant offence, the scheme manager may, to such extent and for such duration as it considers appropriate, withhold pensions payable under this scheme to—

(a) the member;

(b) any person in respect of the member;

(c) a surviving partner; or

(d) an eligible child.

(2) Where a surviving partner’s or an eligible child’s pensions under Part 6 (death benefits) is to be withheld under paragraph (1) as a result of a relevant offence falling under paragraph (a) or (b) of the definition of that expression in paragraph (5), the offence must have been committed after the death on which the person became entitled to the surviving partner or eligible child’s pension, as the case may be.

(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 Pension Schemes Act (earner’s guaranteed minimum); or

(b) section 13 (minimum pensions for widows and widowers)(1) of that Act.

(4) The scheme manager may, at any time and to such extent and for such duration as it thinks fit—

(a) apply for the benefit of any dependant of the member; or

(b) restore to the member,

so much of any pension as has been withdrawn under this regulation.

(5) In this regulation—

“forfeiture certificate” means a certificate stating that the Department issuing the certificate 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;

“relevant offence” means—

(a)

offences of treason,

(b)

offences under the Official Secrets Acts 1911 to 1989(2) for which the member has been sentenced on the same occasion—

(i)

to a term of imprisonment of at least 10 years,

(ii)

to two or more consecutive terms amounting in the aggregate to at least 10 years, or

(c)

offences—

(i)

committed in connection with the member’s scheme employment; and

(ii)

in respect of which the Department has issued a forfeiture certificate.

(1)

1993 (c. 49). Section 13 was amended by the Social Security Contribution (Transfer of functions, etc) (Northern Ireland) Order 1999 (S.I. 1999/671) Schedule 1 paragraph 42; the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4) (NI) Schedule 5 paragraph 1 and Schedule 9 Part 3; the Pensions (Northern Ireland) Order 2005 (S.I. 2005/255 (NI 1)) article 261(3); the Pensions Act (Northern Ireland) 2008 (c. 1) (NI) section 12(2) and SR 2005 No 433.

(2)

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