Local Government (Superannuation) Regulations (Northern Ireland) 1992

Forfeiture of rights

M1.—(1) If—

(a) a person has been convicted of an offence in connection with an employment in which he was a pensionable employee; and

(b) he has (whether before or after the conviction) ceased to hold that employment in consequence of that offence; and

(c) on an application made within 3 months after the conviction by the body who were his employing authority in that employment, a Minister of the Crown has certified that the offence either was gravely injurious to the State or is liable to lead to serious loss of confidence in the public service,

the Committee may direct that all or any of the rights enjoyed by or in respect of him under these regulations with respect to his previous service shall, subject to paragraph (2), be forfeited.

(2) Unless the person ceased to hold his employment in consequence of—

(a) an offence of treason; or

(b) one or more offences under the Official Secrets Acts 1911 to 1989(1) for which he has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years,

no direction may be given under paragraph (1) which would deprive him of his guaranteed minimum pension or would, in the event of his leaving a widow, deprive her of her widow’s guaranteed minimum pension.

(3) A body making an application to a Minister of the Crown for a certificate under paragraph (1)(c) shall at the same time send copies of the application to the person concerned and to the Committee.

(1)

1911 c. 28, 1920 c. 75, 1939 c. 121, 1989 c. 6