The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001

41. NON-ASSIGNABILITY, FORFEITURE AND UNCLAIMED BENEFITS

41.1  No benefit provided from the CAA Section is capable of being assigned or charged in any way.

41.2  Any person who:

(a) purports or attempts to assign, charge or alienate in whole or in part any benefit or right to benefit to which he is entitled or may become entitled under the CAA Section; or

(b) is bankrupt when he first becomes entitled to a benefit under the CAA Section; or

(c) becomes bankrupt whilst in receipt of a pension from the CAA Section; or

(d) does or suffers anything whereby such benefit or right to benefit would but for this Rule 41 become vested in or payable to any other person or body,

shall, subject always to the provisions of sections 91 and 92 of the Pensions Act 1995, immediately forfeit all right to the payment of benefit or further benefit from the CAA Section other than Guaranteed Minimum Pension, provided always that if the Trustees in their discretion so determine they may commence or resume payment of any benefit forfeited under this Rule by reason of the bankruptcy or any person if that person is discharged from such bankruptcy and provides evidence of such discharge satisfactory to the Trustees.

41.3  Where a benefit payable under the CAA Section to any person has been forfeited by operation of Rule 41.2, the Trustees shall have power at their discretion to hold, pay or apply such benefit for the support and maintenance of that person or his Spouse or children or other Dependants or any of them, provided always that payment shall not be made to any person purporting to be an assignee or chargee of such benefit.

Unclaimed benefits

41.4  The Trustees shall have power if in the exercise of their discretion they so determine to place any monies representing benefits payable under the CAA Rules (excluding the Appendix to the CAA Rules) to which a claim enforceable under the provisions of the CAA Rules (excluding the Appendix) is not made within six years of their becoming payable to the credit of the Section Assets of the CAA Section and no person shall thereafter have any further claim to or interest in such benefits.