RAF Chinook pilot jailed for sexual assault
Ecce Homo! Loquitur...
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…..
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…..
Reference dismissal and pensions - page 22 applies.
https://www.judiciary.uk/wp-content/...v5-jan18-1.pdf
https://www.judiciary.uk/wp-content/...v5-jan18-1.pdf
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).
"Mildly" Eccentric Stardriver
What would be justice would be an order for the pension to be paid directly to his wife's bank account. Why should she and the children suffer? Won't happen I know.
Sadly, I suspect the wife and children will suffer anyway (beyond the personal impact of his offence), whether or not they have/had a joint bank account. The bigger issue here is the individual has not served through to age 40 and will not have completed 20 years of service, so any pension entitlements are deferred to State Pension Age, there will be no lump sum and the only cash will be the resettlement grant. SPA for this person will be at least 30 years from now, so his only income from the public purse before then is likely to be restricted to unemployment benefit or job seekers allowance.
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…..
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…..
* 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.
Avoid imitations
Sadly, I suspect the wife and children will suffer anyway (beyond the personal impact of his offence), whether or not they have/had a joint bank account. The bigger issue here is the individual has not served through to age 40 and will not have completed 20 years of service, so any pension entitlements are deferred to State Pension Age, there will be no lump sum and the only cash will be the resettlement grant. SPA for this person will be at least 30 years from now, so his only income from the public purse before then is likely to be restricted to unemployment benefit or job seekers allowance.
Last edited by Easy Street; 1st Apr 2023 at 00:28.
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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.
* 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.
My understanding is the Police have their pension contributions returned to them to invest in another pension on the open market, reason being the Police pension is more generous by reason of being in the Police. The system is set up such that is their only option, they can’t use as a lump sum etc unless they would be able to do so in the normal manner, over 55, up to 25%.
1.10. Forfeiture will not be appropriate in every case where a pension scheme member has committed a criminal offence, but should be considered where there is, or might be, public concern about the pension scheme member’s abuse of their position of trust. In order to be eligible for a forfeiture certificate, the offence(s) must have been committed in connection with their service as a member of a police force.
1.15. However, the Courts have determined that an individual’s pension may be forfeited by no more than 65% i.e. only contributions that have been made by the police force. The remainder reflects a member’s own contributions which cannot be forfeited.
https://assets.publishing.service.go...e_guidance.pdf
Avoid imitations
That's because you had a 16/38 initial pension point. Anyone who joined between April 2005 and April 2015 only has a 18/40 initial pension point: one of the changes brought about by AFPS05. If you leave before your initial pension point, you don't get an initial pension...
Thank you for enlightening me. I didn’t know that the option point had been delayed by two years. Good to know that I served in the good old days…
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Avoid imitations
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Avoid imitations
I gave up my RAF career after things weren’t going at all well and I almost lost my family because of it. It turned out to have been a good financial decision at the time although it has cost me quite dearly in the long term regarding a pension. Sorry to hear it upsets others. If it’s such a big issue report my post and let the moderator delete it if necessary.
No. The individual's contribution remain "invested" in the police pension, but the force can apply for its contributions to be forfeited under specific circumstances.
1.10. Forfeiture will not be appropriate in every case where a pension scheme member has committed a criminal offence, but should be considered where there is, or might be, public concern about the pension scheme member’s abuse of their position of trust. In order to be eligible for a forfeiture certificate, the offence(s) must have been committed in connection with their service as a member of a police force.
1.15. However, the Courts have determined that an individual’s pension may be forfeited by no more than 65% i.e. only contributions that have been made by the police force. The remainder reflects a member’s own contributions which cannot be forfeited.
https://assets.publishing.service.go...e_guidance.pdf
1.10. Forfeiture will not be appropriate in every case where a pension scheme member has committed a criminal offence, but should be considered where there is, or might be, public concern about the pension scheme member’s abuse of their position of trust. In order to be eligible for a forfeiture certificate, the offence(s) must have been committed in connection with their service as a member of a police force.
1.15. However, the Courts have determined that an individual’s pension may be forfeited by no more than 65% i.e. only contributions that have been made by the police force. The remainder reflects a member’s own contributions which cannot be forfeited.
https://assets.publishing.service.go...e_guidance.pdf
