The Armed Forces Pension Regulations 2014
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Change 1
121 Forfeiture of benefits
(1) The Secretary of State may withhold benefits payable under this scheme in respect of a member to whom paragraph (1) of regulation 122 (events enabling forfeiture) applies to such extent as the Secretary of State considers appropriate. This is subject to paragraphs (3) and (4). (2) The Secretary of State may withhold pension benefits payable under Part 5 to a person to whom paragraph (2) of regulation 122 (events enabling forfeiture) applies to such extent as the Secretary of State considers appropriate; and if the whole of a person’s benefits are so withheld that Part applies as if that person had predeceased the member. This is subject to paragraph (4). (3) If the member has a guaranteed minimum under section 14 of the PSA 1993 in relation to service by reference to which he is entitled to benefits under the scheme, paragraph (1) only applies to so much of the member’s pension as exceeds that guaranteed minimum, unless regulation 122 (1)(a) or (b)(conviction of treason or other national security offences) applies. (4) If the case of a pension payable to the surviving spouse of a member, paragraph (1) and (2) are subject to regulation 66 (guaranteed minimum pensions for surviving spouses and civil partners). (5) Where regulation 122 (1)(c) (monetary obligations) applies— (a) If the amount of the obligation is in dispute, paragraph (1) only applies if the obligation has become enforceable— (i) under an order of a competent court; or (ii) in consequence of an award of an arbitrator or, in Scotland, an arbiter to be appointed (failing agreement by the parties) by the sheriff; (b) only benefits to which the member alone is entitled may be withheld; and (c) the benefits withheld must not exceed the amount of the monetary obligation or, if less, the value of the person’s entitlement or the accrued right in question (as determined under section 93(2) of the Pensions Act 1995). (6) This regulation is without prejudice to— (a) section 2 of the Forfeiture Act 1870 (under which forfeiture is required in cases of treason, subject to whole or partial restoration under section 70(2) of the Criminal Justice Act 1948); or (b) so far as it has effect in relation to benefits under the scheme, section 24 of the Chelsea and Kilmainham Hospitals Act 1826.
121 Forfeiture of benefits
(1) The Secretary of State may withhold benefits payable under this scheme in respect of a member to whom paragraph (1) of regulation 122 (events enabling forfeiture) applies to such extent as the Secretary of State considers appropriate. This is subject to paragraphs (3) and (4). (2) The Secretary of State may withhold pension benefits payable under Part 5 to a person to whom paragraph (2) of regulation 122 (events enabling forfeiture) applies to such extent as the Secretary of State considers appropriate; and if the whole of a person’s benefits are so withheld that Part applies as if that person had predeceased the member. This is subject to paragraph (4). (3) If the member has a guaranteed minimum under section 14 of the PSA 1993 in relation to service by reference to which he is entitled to benefits under the scheme, paragraph (1) only applies to so much of the member’s pension as exceeds that guaranteed minimum, unless regulation 122 (1)(a) or (b)(conviction of treason or other national security offences) applies. (4) If the case of a pension payable to the surviving spouse of a member, paragraph (1) and (2) are subject to regulation 66 (guaranteed minimum pensions for surviving spouses and civil partners). (5) Where regulation 122 (1)(c) (monetary obligations) applies— (a) If the amount of the obligation is in dispute, paragraph (1) only applies if the obligation has become enforceable— (i) under an order of a competent court; or (ii) in consequence of an award of an arbitrator or, in Scotland, an arbiter to be appointed (failing agreement by the parties) by the sheriff; (b) only benefits to which the member alone is entitled may be withheld; and (c) the benefits withheld must not exceed the amount of the monetary obligation or, if less, the value of the person’s entitlement or the accrued right in question (as determined under section 93(2) of the Pensions Act 1995). (6) This regulation is without prejudice to— (a) section 2 of the Forfeiture Act 1870 (under which forfeiture is required in cases of treason, subject to whole or partial restoration under section 70(2) of the Criminal Justice Act 1948); or (b) so far as it has effect in relation to benefits under the scheme, section 24 of the Chelsea and Kilmainham Hospitals Act 1826.
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