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Regulation 75 Protection of guaranteed minimum pension rightsI1

England, Wales and Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The power—

(a)

to give directions under regulation 72(3); or

(b)

to recover or retain amounts under regulation 74(2),

may not be exercised so as to deprive a person of his guaranteed minimum pension or any widow’s, widower’s or surviving civil partner’s guaranteed minimum pension.

(2)

But such a power may be so exercised if the person left his employment—

(a)

because of the offence of treason; or

(b)

because of one or more offences under the Official Secrets Act 1911 to 1989f1 for which the former member has been sentenced on the same occasion—

(i)

to a term of imprisonment of at least 10 years, or

(ii)

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

Annotations

Commencement

I1

Reg. 75 in force at 1.4.2008, see reg. 1(1)

Footnotes

f1

1911 c.28 and 1989 c.6.