Regulation 3.J.7 Forfeiture of rights to benefitsF1

England and Wales

(1)

The Secretary of State may direct that all or part of any rights to benefits or other amounts payable to or in respect of a member under these Regulations be forfeited if—

(a)

the member is convicted of any of the offences specified in paragraph (2), and

(b)

the offence was committed before the benefit or other amount becomes payable.

(2)

The offences are—

(a)

an offence in connection with employment that qualifies the member to belong to F2this Section of the Scheme, in respect of which the Secretary of State has issued a forfeiture certificate,

(b)

one or more offences under the Official Secrets Acts 1911 to 1989 F3, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, for which the 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.

(3)

In paragraph (2)(a) “forfeiture certificate” means a certificate that the Secretary of State is satisfied that the offence—

(a)

has been gravely injurious to the State, or

(b)

is liable to lead to serious loss of confidence in the public service.

(4)

The Secretary of State may direct that all or part of any rights to benefits or other amounts payable in respect of a member under these Regulations be forfeited where the benefits or amounts are payable to a person to whom paragraph (5) applies who has been convicted of the murder or manslaughter of that member or of any other offence of which unlawful killing of that member is an element.

(5)

This paragraph applies to a person who is—

(a)

the member’s widow, widower, F4surviving scheme partner or surviving civil partner,

(b)

a dependant of the member,

(c)

a person not falling within sub-paragraph (a) or (b) who is specified in a notice given under regulation 3.E.21(3) F5or (10) (payment of lump sum F6or pension on death), or

(d)

a person to whom such benefits or amounts are payable under the member’s will or on the member’s intestacy.

(F76)

A guaranteed minimum pension may be forfeited only if paragraph (1) applies in the case of an offence within paragraph (2)(b) or to which paragraph (4) applies.

(7)

This regulation is without prejudice to section 2 of the Forfeiture Act 1870^f1 (under which forfeiture is required in cases of treason, subject to whole or partial restoration under section 70(2) of the Criminal Justice Act 1948)^f2.

(F88)

If, on or after 1st April 2019, a member is—

(a)

charged with an offence; or

(b)

convicted of an offence,

which, in the opinion of the Secretary of State, may lead to all or part of the member’s benefits being forfeited under paragraph (1), the Secretary of State may make a suspension decision in accordance with paragraphs (10) to (15) of this regulation.

(9)

If, on or after 1st April 2019, any of the persons referred to in sub-paragraphs (a) to (d) of paragraph (5) are charged with, or convicted of an offence which, in the opinion of the Secretary of State, may lead to all or part of any rights to benefits or other amounts payable in respect of a member being forfeited under paragraph (4), the Secretary of State may make a suspension decision in accordance with paragraphs (10), (11), and (16) to (19) of this regulation.

(10)

A suspension decision is a decision of the Secretary of State suspending the right to, and the payment of, all or part of any benefit or other amounts payable—

(a)

which the member is in receipt of, or becomes entitled to,

(b)

in respect of a member,

under these Regulations.

(11)

If the Secretary of State makes a suspension decision under paragraph (8) or (9), that decision will continue to apply—

(a)

until the date of any direction made by the Secretary of State under this regulation; or

(b)

where the Secretary of State determines not to direct forfeiture under this regulation, the date of that decision.

(12)

Paragraph (13) applies if—

(a)

the Secretary of State makes a suspension decision under paragraph (8) in respect of a member otherwise entitled to the payment of a pension under Chapter 3.D (members’ retirement benefits) of these Regulations; and

(b)

the Secretary of State subsequently determines not to issue a direction under paragraph (1).

(13)

The Secretary of State will pay to the member described in paragraph (12) an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions).

(14)

Paragraph (15) applies if—

(a)

(b)

the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended.

(15)

The Secretary of State will pay to the member described in paragraph (14) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions).

(16)

Paragraph (17) applies if—

(a)

the Secretary of State makes a suspension decision under paragraph (9); and

(b)

the Secretary of State subsequently determines not to issue a direction under paragraph (4) in respect of the benefits to which that decision relates.

(17)

The Secretary of State will pay to the person to whom paragraph (9) applies an amount equal to the total amount of the benefit payments suspended together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions).

(18)

Paragraph (19) applies if—

(a)

the Secretary of State makes a suspension decision under paragraph (9); and

(b)

the Secretary of State subsequently directs forfeiture of an amount less than the total amount suspended.

(19)

The Secretary of State will pay to the person described in paragraph (9) an amount equal to the difference between the total amount of the benefit payments suspended and the amount forfeited together with the interest due under regulation 3.J.9 (interest on late payment of benefits and refunds of contributions).

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2: Words in reg. 3.J.7(2)(a) inserted (1.10.2009) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2009 (S.I. 2009/2446), reg. 1(2), Sch. 2 para. 1
F3: Words in reg. 3.J.7(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. 27(2)
F4: Words in reg. 3.J.7(5)(a) substituted (with effect from 1.4.2008) by The National Health Service Pension Schemes and Injury Benefits (Amendment) Regulations 2021 (S.I. 2021/631), regs. 1(2)(7), 23 (with reg. 34)
F5: Words in reg. 3.J.7(5)(c) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 80(a) (with reg. 93)
F6: Words in reg. 3.J.7(5)(c) inserted (1.10.2008) by The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2008 (S.I. 2008/2263), regs. 1(2)(3), 80(b) (with reg. 93)
F7: Reg. 3.J.7(6) substituted (6.4.2016) by The National Health Service Pension Scheme, Injury Benefits and Additional Voluntary Contributions (Amendment) Regulations 2016 (S.I. 2016/245), regs. 1(3), 56 (with reg. 105)
F8: Reg. 3.J.7(8)-(19) inserted (1.4.2019) by The National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (S.I. 2019/418), regs. 1(2), 72(3) (with reg. 108)

Footnotes

f1: 1870 c. 32.
f2: 1948 c. 58.