# The Pensions (Northern Ireland) Order 1995, Article 91: Forfeiture by reference to obligation to employer


(1) Subject to paragraph (2), Article 90(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.
(2) A person's entitlement right may be forfeited by reason of paragraph (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.
(3) Such forfeiture as is mentioned in paragraph (1) must not take effect where a dispute has arisen as to the amount of the monetary obligation in question, unless —
(a) the dispute has been resolved by the parties to it,
(b) the Pensions Ombudsman has made a determination under Part 10 of the Pension Schemes (Northern Ireland) Act 1993 or Part 10 of the Pension Schemes Act 1993 (investigations) as to the amount of the monetary obligation in question, or
(c) the monetary obligation in question has become enforceable—
(i) under an order of a competent court, or
(ii) in consequence of an award of an arbitrator.
(4) Where a person's entitlement or right is forfeited by reason of paragraph (1), the person must be given a certificate showing the amount forfeited and the effect of the forfeiture on his benefits under the scheme.
(5) Where such forfeiture as is mentioned in paragraph (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.

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Source: https://www.legislation.gov.uk/nisi/1995/3213/article/91 (the official version)
Page: https://openlegislation.uk/pensions-northern-ireland-order-1995/article-91
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.