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Old 31st Mar 2023, 18:42
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Tartiflette Fan
 
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Originally Posted by ORAC
Reference dismissal and pensions - page 22-25 apply


https://www.judiciary.uk/wp-content/...v5-jan18-1.pdf

In particular:

3.3.10 As a general rule, pension entitlements once earned may not be forfeited and the court has no power to sanction forfeiture. However, all Pension Schemes do provide for exceptional circumstances where the Secretary of State may order forfeiture. Such an order may be made where, for example, the Service person is convicted of treason, Official Secrets Acts offences where the sentence is at least 10 years’ imprisonment, and other offences which the Secretary of State considers to have been injurious to the defence, security or other interests of the State (e.g. assisting the enemy, mutiny, desertion in war and grave breaches of the Geneva Conventions). Similarly, surviving spouses’ benefits may be abated where they wilfully aided and abetted the commission of the offence. The schemes allow forfeiture if the member has a monetary obligation to the Crown which arises out of criminal, negligent or fraudulent act or omission and arises out of or in connection with service in the Armed Forces. Recovery is possible once the pension begins payment…..
I don't know if the police are the same as the armed forces* - although one might think they would be similar - but it is normal where police officers are likely to be convicted of a crime and go to prison, they will resign before conviction. I believe the reason for this is that the conviction somehow allows the Police Authority to reclaim the pension "contributions " they have made if the convicted person is still employed at this point, which would obviously have a major effect on the pension. How this works in practice, I don't know, because - unlike money-purchase schemes - they are not contributing 7% or 10% per month to your pension.

* EDIT: One major difference occurs to me is that a police officer can resign at any time, whereas, I believe, a serviceman would need permission to do so outside contracted dates of service.

Last edited by Tartiflette Fan; 31st Mar 2023 at 19:04.
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