Regulation 106 Protection of guaranteed minimum pension rights

(1)

The power to direct forfeiture of benefits under regulation 102 (forfeiture of pension rights after conviction for employment-related offences) or to recover or retain amounts under regulation 104 (recovery or retention where former member has misconduct obligation) may not be exercised so as to deprive a person of—

(a)

that person's guaranteed minimum pension; or

(b)

any widow's, widower's or surviving civil partner's guaranteed minimum pension.

(2)

But such a power may be exercised if the person is convicted—

(a)

of the offence of treason; or

(b)

of one or more offences under the Official Secrets Acts 1911 to 1989 M1 F1, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the person has been sentenced on the same occasion—

(i)

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

(ii)

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

Annotations

Textual amendments

F1: Words in reg. 106(2)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023 (S.I. 2023/1267), reg. 1(2), Sch. para. 35

Marginal citations

M1: Section 16(2) of the Official Secrets Act 1989 (c. 6) provides that that Act and the Official Secrets Acts 1911 to 1989 may be cited together as the Official Secrets Acts 1911 to 1989.