Pension Question

[Late & Tired]

Sat having a nice social whet with a number of friends, when the discussion turned to Pensions.
I was asked if an individual, who has qualified and in receipt of a Pension after leaving the Service, continued to be paid a pension if they subsequently became 'detained at Her Majesties pleasure'.
Sadly, I couldn't give a definitive answer (although I 'suspect'(?) the pension is stopped), but if so, is it subsequently restarted when any time is served?
I'd like to know, to be able to advise, as well as be educated myself.
And NO, -I've not been a naughty boy!!!

 

[muttywhitedog]

Sat having a nice social whet with a number of friends, when the discussion turned to Pensions.
I was asked if an individual, who has qualified and in receipt of a Pension after leaving the Service, continued to be paid a pension if they subsequently became 'detained at Her Majesties pleasure'.
Sadly, I couldn't give a definitive answer (although I 'suspect'(?) the pension is stopped), but if so, is it subsequently restarted when any time is served?
I'd like to know, to be able to advise, as well as be educated myself.
And NO, -I've not been a naughty boy!!!

If the former e-goat member who got sent down ever has the nerve to come back on here, perhaps he can let you know!

http://www.dailymail.co.uk/news/art...life-saving-military-equipment-sold-eBay.html

 

[Late & Tired]

Interesting read, however that individual was serving at the time in the news article.
My question relates to someone who no longer serves, yet is in receipt of a pension when the incident occurs.

 

[Vauxhall]

Pensions and prison

Pensions and prison

Sat having a nice social whet with a number of friends, when the discussion turned to Pensions.
I was asked if an individual, who has qualified and in receipt of a Pension after leaving the Service, continued to be paid a pension if they subsequently became 'detained at Her Majesties pleasure'.
Sadly, I couldn't give a definitive answer (although I 'suspect'(?) the pension is stopped), but if so, is it subsequently restarted when any time is served?
I'd like to know, to be able to advise, as well as be educated myself.
And NO, -I've not been a naughty boy!!!

There is a section in the Statutory Instrument which specifies which offences result in forfeiture of pension. They are such things as treason, grave breaches of the Geneva Convention and serious breaches of the Official Secrets Act. I will find chapter and verse and post it later.

 

[Vauxhall]

Forfeiture rules

Forfeiture rules

There is a section in the Statutory Instrument which specifies which offences result in forfeiture of pension. They are such things as treason, grave breaches of the Geneva Convention and serious breaches of the Official Secrets Act. I will find chapter and verse and post it later.

There you go:

J.4 Forfeiture of benefits
(1) Subject to paragraphs (2) to (3), the Defence Council may withhold benefits payable to aperson under the Scheme to such extent as the Defence Council considers appropriate.
(a) 18236 (7 Geo 4 c.16)

(2) In the case of a pension payable under Part D, paragraph (1) only applies if rule J.5(1)applies.
(3) In the case of a pension payable under Part E, paragraph (1) only applies if in the opinion ofthe Defence Council the person entitled under Part E aided or abetted an offence mentioned in ruleJ.5(1)(a) or (b), or rule J.5(2) applies.
(4) If the member has a guaranteed minimum under section 14 of the 1993 Act in relation toservice by reference to which the member 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 ruleJ.5(1)(a) applies.
(5) Where rule J.5(1)(c) (monetary obligations) applies—

1. (a) if the amount of the obligation is in dispute, paragraph (1) only applies if the obligationhas become enforceable—
   
   1. (i) under an order of a competent court; or
      
   2. (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; and
      
2. (b) 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 undersection 93(2) of the 1995 Act).
   

J.5 Events enabling forfeiture
(1) This paragraph applies to a member who is an active member, a deferred member or apensioner member if the member—

1. (a) is convicted of treason or one or more offences under the Official Secrets Acts for whichthe member has been sentenced on the same occasion—
   (i) to a term of imprisonment of at least 10 years; or
   (ii) totwoormoreconsecutivetermsamountingintheaggregatetoatleast10years;
   
2. (b) is convicted of an offence in connection with the service that qualifies the member tobelong to the Scheme which the Defence Council considers to have been gravelyinjurious to the defence, security or other interests of the State; or
   
3. (c) has after becoming a member of the Scheme incurred a monetary obligation to the Crownwhich—
   (i) arises out of a criminal, negligent or fraudulent act or omission by the member; or(ii) arises out of or in connection with the member’s service in the armed forces.
   

(2) This paragraph applies to a person who is convicted of the murder or manslaughter of themember or any other offence which involves the unlawful killing of the member.
(3) In paragraph (2) “unlawful killing” includes unlawfully aiding, abetting, counselling orprocuring the death.
J.6 Procedure, references etc.
(1) If the Defence Council proposes to withhold a person’s benefits under rule J.4, they mustnotify the person in writing of this proposal.
(2) Such a notification must give the person information about rights under—

1. (a) the arrangements established by the Defence Council for the resolution of disputesrelating to the Scheme that are in force at the time the notification is given, and
   
2. (b) Part 10 of the 1993 Act (investigations: the Pensions Ombudsman),
   

in respect of any decision made under rule J.4.
(3) If the Defence Council withholds benefits under rule J.4 in a case where rule J.5(1)(c)(monetary obligations) applies, the member must be given a certificate showing any amountwithheld and the effect of its being withheld on the member’s benefits under the Scheme.