Regulation 165 Forfeiture: offences committed by membersI1

If a member is convicted of a relevant offence, the scheme manager may to the extent the scheme manager considers appropriate withhold benefits payable under this scheme to or in respect of the member.

Paragraph (3) applies if benefits are to be withheld as a result of an offence falling within paragraph (b) of the definition of “relevant offence”.

The scheme manager may only withhold that part of a person’s pension that exceeds any guaranteed minimum to which the person is entitled under—

In this regulation—

• “forfeiture certificate” means a certificate stating that the Minister of the Crown issuing the certificate considers that the offence—

  1. (a)

     has been gravely injurious to the interests of the State; or

  2. (b)

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

• “relevant offence” means—

  1. (a)

     one or more offences under the Official Secrets Acts 1911 to 1989^f2 F1, 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—

     1. (i)

        a term of imprisonment of at least 10 years; or

     2. (ii)

        2 or more consecutive terms of imprisonment which add up to at least 10 years;

  2. (b)

     an offence committed in connection with service as a public servant and in respect of which a Minister of the Crown has issued a forfeiture certificate.