{
  "url": "https://openlegislation.uk/pensions-act-1995/section-93",
  "json_url": "https://openlegislation.uk/pensions-act-1995/section-93.json",
  "legislation": "ukpga/1995/26",
  "legislation_title": "Pensions Act 1995",
  "legislation_url": "https://openlegislation.uk/pensions-act-1995",
  "path": "section/93",
  "kind": "section",
  "number": "93",
  "heading": "Forfeiture by reference to obligation to employer.",
  "text": "(1) Subject to subsection (2), section 92(1) does not prevent forfeiture of a person’s entitlement to a pension under an occupational pension scheme or right to a future pension under such a scheme by reference to the person having incurred some monetary obligation due to the employer and arising out of a criminal, negligent or fraudulent act or omission by the person.\n(2) A person’s entitlement or right may be forfeited by reason of subsection (1) to the extent only that it does not exceed the amount of the monetary obligation in question, or (if less) the value (determined in the prescribed manner) of the person’s entitlement or right.\n(3) Such forfeiture as is mentioned in subsection (1) must not take effect where a dispute has arisen as to the amount of the monetary obligation in question, unless —\n(a) the dispute has been resolved by the parties to it,\n(b) the Pensions Ombudsman has made a determination under Part 10 of the Pension Schemes Act 1993 or Part 10 of the Pension Schemes (Northern Ireland) Act 1993 (investigations) as to the amount of the monetary obligation in question, or\n(c) the monetary obligation in question has become enforceable—\n(i) under an order of a competent court, or\n(ii) in consequence of an award of an arbitrator or, in Scotland, an arbiter to be appointed (failing agreement between the parties) by the sheriff.\n(4) Where a person’s entitlement or right is forfeited by reason of subsection (1), the person must be given a certificate showing the amount forfeited and the effect of the forfeiture on his benefits under the scheme.\n(5) Where such forfeiture as is mentioned in subsection (1) occurs, an amount not exceeding the amount forfeited may, if the trustees or managers of the scheme so determine, be paid to the employer.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in s. 93(1) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 59(2); S.I. 2000/1047, art. 2(2)(d) Sch. Pt. 4"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Word in s. 93(2) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 59(3)(a); S.I. 2000/1047, art. 2(2)(d) Sch. Pt. 4"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in s. 93(2) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 59(3)(b); S.I. 2000/1047, art. 2(2)(d) Sch. Pt. 4"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 93(3) substituted (29.6.2026) by Pension Schemes Act 2026 (c. 22), ss. 121(3)(a), 133(11)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "S. 93(3)(a)-(c) substituted for words (29.6.2026) by Pension Schemes Act 2026 (c. 22), ss. 121(3)(b), 133(11)(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in s. 93(4) substituted (1.12.2000) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 12 para. 59(4); S.I. 2000/1047, art. 2(2)(d) Sch. Pt. 4"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Ss. 91-94 modified (30.12.2005) by The Occupational Pension Schemes (Cross-border Activities) Regulations 2005 (S.I. 2005/3381), regs. 1, 14, Sch. 2 para. 3"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 93 in force at 6.4.1996 for specified purposes by S.I. 1996/778, art. 2(5)(a), Sch. Pt. V"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 93 in force at 6.4.1997 in so far as not already in force by S.I. 1997/664, art. 2(3), Sch. Pt. 3"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/26/section/93",
    "retrieved_at": "2026-10-28T17:14:42.886581+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}