# The Local Government Pension Scheme (Scotland) Regulations 2018, Regulation 89: Protection of guaranteed minimum pension rights


(1) The power to direct forfeiture of benefits under regulation 86 (forfeiture of pension rights after conviction for employment-related offences) or to recover or retain amounts under regulation 87 (recovery or retention where former member has misconduct obligation) may not be exercised so as to deprive a person of the guaranteed minimum pension or 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 , 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 10 years; or
(ii) to 2 or more consecutive terms amounting in the aggregate to at least 10 years.

---
Source: https://www.legislation.gov.uk/ssi/2018/141/regulation/89 (the official version)
Page: https://openlegislation.uk/local-government-pension-scheme-scotland-regulations-2018/regulation-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.