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Regulation 213 Forfeiture: relevant monetary obligations and relevant monetary losses

(1)

If a member (P) owes a relevant monetary obligation or has caused a relevant monetary loss, the pension supervising authority may, to the extent the pension supervising authority considers appropriate, require the scheme manager to withhold benefits payable to P under this scheme.

(2)

The scheme manager may withhold benefits but may only withhold that part of P's pension that exceeds any guaranteed minimum to which P is entitled under section 14 of PSA 1993.

(3)

The scheme manager may not withhold more than the lesser of—

(a)

the amount of the relevant monetary obligation or relevant monetary loss; and

(b)

the value of P's entitlement to benefits.

(4)

The scheme manager may only withhold benefits if—

(a)

there is no dispute as to the amount of the relevant monetary obligation or relevant monetary loss; or

(b)

the relevant monetary obligation or relevant monetary loss is enforceable as follows—

(i)

under an order of a competent court;

(ii)

in consequence of an award of an arbitrator; or

(iii)

in Scotland, in consequence of an award of an arbiter appointed (failing agreement between the parties) by the sheriff.

(5)

In this regulation—

  • “relevant monetary obligation” means a monetary obligation which—

    1. (a)

      was incurred to the Crown or P's employer (if different);

    2. (b)

      was incurred after P became an active member of this scheme;

    3. (c)

      arose out of P's criminal, negligent or fraudulent act or omission; and

    4. (d)

      arose out of or was connected with P's service as a member of a police force; and

  • “relevant monetary loss” means a monetary loss which—

    1. (a)

      was caused to this scheme; and

    2. (b)

      arose as a result of P's criminal, negligent or fraudulent act or omission.