Forfeiture
At a glance
In serious cases, a police pension can be reduced or partially withheld following a criminal conviction that is connected to police service.
This is known as pension forfeiture. It is not automatic and involves a formal process with checks, evidence requirements, and a decision made at national level.
You are in the
2015 scheme
An explanation
What is forfeiture?
You may have part of your benefits withheld either permanently or temporarily by the police pension authority if you are convicted of:
- One or more offences under the Official Secrets Acts for which you have been sentenced on the same occasion:
- to at least 10 years’ imprisonment; or
- two or more consecutive terms of imprisonment which add up to at least 10 years or;
- An offence committed in connection with your service as a member of a police force which is certified by the Home Secretary either to have been gravely injurious to the interests of the State or to be liable to lead to a serious loss of confidence in the police force (e.g. conspiracy to pervert the course of justice).
Forfeiture is governed by Part 13, Chapter 5 of the Police Pension Regulations 2015.
Your pension from any of the police pension schemes can be reduced by a maximum of 65% under these rules.
The key stages
What happens if a case is considered for forfeiture?
A case is identified locally
- The police force considers whether the case meets the threshold for forfeiture
An application is made to the Home Office
- The application usually includes:
- Details of the conviction and sentence
- Evidence showing how the offence is connected to police service
- Relevant background information (such as sentencing remarks)
The Home Secretary considers the case
- The Home Secretary decides whether to issue a forfeiture certificate
- This certificate confirms whether the offence meets the legal test for forfeiture
The relevant police pension supervising authority decides the pension reduction
- If forfeiture applies, it can be a partial reduction of pension benefits
- It is limited to a maximum of 65% of the pension
- The remaining 35% is protected as is reflects the contribution that the member has made
If you don't agree
Appeals
Decisions can be appealed via the crown court. The first step in an appeal would be to speak with your police authority.