The Police Pension (Northern Ireland) Regulations 2007

Forfeiture of pension

52.—(1) This regulation applies to a pension payable—

(a) under this Part, to a police officer or former police officer;

(b) under regulation 36, to a survivor of such a police officer; and

(c) under Part 6, to a pension credit member.

(2) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the pensioner has been convicted of an offence mentioned in paragraph (3), and

(b) in the case of an adult survivor’s pension, that offence was committed after the death of the police officer in respect of whom the pension is payable.

(3) The offences referred to in paragraph (2) are—

(a) an offence of treason;

(b) one or more offences under the Official Secrets Acts 1911 to 1989 for which the grantee 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 ten years.

(4) The Board may determine that the pension be forfeited, in whole or in part and permanently or temporarily as it may specify, if—

(a) the grantee has been convicted of an offence committed in connection with his service as a member of the police service, and

(b) that offence is certified by the Secretary of State either to have been gravely injurious to the interests of the State or to be liable to lead to serious loss of confidence in the public service.

(5) The Board may, to such extent as it at any time in its discretion thinks fit—

(a) apply for the benefit of any adult or child survivor of the grantee of the pension; or

(b) restore to the grantee of the pension;

any amount or amounts of any pension that has or have been forfeited under this regulation.

(6) To the extent to which a pension is forfeited under this regulation, the Board shall be discharged from all actual or contingent liability in respect of it.

(7) This regulation has effect subject to regulation 40(11).