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Regulation 71 Protection of guaranteed minimum pension rightsF1I1

Northern Ireland

(1)

The power—

(a)

to give directions under regulation 68(2) (forfeiture of pension rights after conviction of employment-related offences); or

(b)

to recover or retain amounts under regulation 70(2) (recovery or retention where former member has misconduct obligation),

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 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 Acts 1911 to 1989f1 for which the former member has been sentenced on the same occasion to—

(i)

a term of imprisonment of at least 10 years; or

(ii)

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

Annotations

Textual amendments

F1

Regulations revoked (except reg. 4 for specified purposes, reg. 6 for specified purposes and reg. 11) (1.4.2015) by The Local Government Pension Scheme (Amendment and Transitional Provisions) Regulations (Northern Ireland) 2014 (S.R. 2014/189), regs. 1(1), 2(1), Sch. 2 (with regs. 3, 13, 14(1)(d), Sch. 5)

Commencement

I1

Reg. 71 in operation at 1.4.2009, see reg. 1

Footnotes

f1

1911 c. 28 and 1989 c. 6.