Paragraph 16

England, Wales and Scotland

(1)

Except so far as permitted by this paragraph, and subject to paragraph 17 below; a scheme must not contain any provision for forfeiture of short service benefit.

(2)

Provision may be made for forfeiture of the whole or part of any short service benefit by reference to an event occurring after the benefit becomes payable, but only an event by reference to which long service benefit would be forfeited; and such a provision must not be in terms which in the opinion of the Occupational Pensions Board appear to discriminate against members entitled to short service benefit.

(3)

Provision may be made for forfeiture by reference to—

(a)

the assignment or attempted assignment or, in Scotland, the assignation or attempted assignation of the benefit contrary to the provisions of the scheme;

(b)

the member’s bankruptcy or, in the case of benefit for a F1widow or widower or dependant of the member, the beneficiary’s bancruptcy;

and in this case forfeiture may be by reference to an event occurring either before or after the benefit would otherwise be payable, so long as the like provision is made in relation to long service benefit.

(4)

Provision for forfeiture may be made—

(a)

in a public service pension scheme, by reference to the member being convicted of an offence—

(i)

committed by him before the benefit becomes payable and in connection with relevant employment, and

(ii)

certified by a Minister of the Crown either to have been gravely injurious to the State or to be liable to lead to serious loss of confidence in the public service;

(b)

in any case, by reference to the member having been convicted of any offence committed before the benefit becomes payable, being—

(i)

an offence of treason, or

(ii)

one or more offences under F2the Official Secrets Act 1911 to 1989for which the member has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years.

Annotations

Textual amendments

F1: Words substituted (1.10.89) by Social Security Act 1989 (c. 24) Sch. 6, para. 4(c).
F2: Words substituted (1.3.90) by Official Secrets Act 1989 (c. 6), Sch. 1, para. 1(d).

Notes on Schedule 16

Textual amendments

F1

Sch. 16 repealed (N.I.) by S.I. 1975/1503 (N.I. 15), art. 74(2), Sch. 6

Sch. 16 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I (with s. 6(8)); S.I. 1994/86, art. 2

Subordinate legislation made

P1: Sch. 16: for exercises of power see Index to Government Orders

Notes on Part I

Modifications

C1: Schedule 16, Pt. I, modified (28.02.1991) by S.I. 1991/167, regs. 13(2), 21(1), 22(1), 23(2), 25(2), 27(1)