Forfeiture of Pension Policy

1. Statement of Policy

• The Police and Crime Commissioner (PCC) has a duty to ensure an effective and efficient police force in the Dyfed-Powys area.
• Dyfed-Powys Police is committed to building trust and confidence in the communities they serve. To achieve this, the integrity of all Dyfed-Powys Police Officers and Police Staff is paramount.
• Throughout this policy, all individuals that this policy applies to (as identified below) will be referred to as ‘Pension Scheme Member(s).’
• Forfeiture of pension may be considered in the following circumstances:
  1. a pension scheme member has been convicted of treason or of offences under the Official Secrets Acts 1911 and 1939 and has been sentenced to a term (or terms) of imprisonment of at least ten years; or
  2. a pension scheme member has been convicted of an offence committed in connection with their 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 public service.
• In the case of Dyfed-Powys Police, the Pension Supervising Authority is the Dyfed-Powys Police and Crime Commissioner (PCC). The PCC will work with the Chief Constable, or their nominated representative, namely the Professional Standards Department (PSD) to determine whether pension forfeiture is appropriate for individual cases.
• Forfeiture cannot be applied for in cases where there is no criminal conviction.

Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), and seconded staff. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy. This policy also applies to the surviving spouses or partners of former officers or staff who are prosecuted for an offence after the death of their spouse or partner. Throughout this policy, all individuals that this policy applies to (as identified below) will be referred to as ‘Pension Scheme Member(s).’

 

 

2. Policy Scope

• The legislative basis governing pension forfeiture for Police Officers is Regulation K5 of the Police Pensions Regulations 1987, Regulation 55 Part 4 of the Police Pension Regulations 2006 and Part 13 Chapter 5 of the Police Pension Regulations 2015. Guidance in respect of forfeiture of police pensions is contained in Home Office Pension Forfeiture Guidance – February 2021.
• For Police Staff, Regulation 91 of the Local Government Pension Scheme (LGPS) Regulations 2013 provides that if a member is convicted of an offence in connection with their employment and because of which they have left employment, the former scheme employer may apply to the Secretary of State to receive a forfeiture certificate. Forfeiture provisions are covered within the LGPS 2013 regulations 91-95.
• The purpose of the policy is to set-out the clearly defined roles of the Police and Crime Commissioner and the Chief Constable regarding the Pension Forfeiture procedure.

 

3.  Powers and Policy/Legal Requirements

• Each of the regulations mentioned above contain provisions which allows the Commissioner, as the ‘pension supervising authority’ (PSA) to determine forfeiture in cases where either;
• a pension scheme member has been convicted of treason or of offences under the Official Secrets Acts 1911 and 1939 and has been sentenced to a term (or terms) of imprisonment of at least ten years. or;
• where a pension scheme member has been convicted of an offence committed in connection with their 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 public service.
• The Police Pension Regulations 2006 (Section 55) details circumstances where the Commissioner may apply for forfeiture of a Police Officer’s pension from:
  1. A regular police officer or former regular police officer;
  2. under regulation 39, to a survivor of such a police officer; and
  3. under Part 6, to a pension credit member.
• The Police Pension Regulations 2015, at regulation 212, allow for the forfeiture of a survivor’s pension where the survivor has been convicted of a crime leading to the pension scheme member’s death. This provision is not present in the 2006
• Regulation K5(4) of the 1987 Regulations and regulation 55(2) and (4) of the 2006 Regulations allow the Commissioner, as the PSA to determine the extent to which the pension should be forfeited when an offence is committed in connection with a pension scheme member’s service as a member of a police force. This may be permanent or temporary and may affect the whole or part of the pension. The 2015 Regulations have a similar provision at regulation 211(1).
• The relevant case law states that the pensioner need not have been a serving officer at the time of the offence in order to meet the requirement that it must be connected with his / her service e.g., an offence committed after the pensioner has retired.
• For Police Staff, the Scheme Employer assesses that the conviction is in connection with the police staff member’s employment and submits a full case summary to the Ministry of Housing, Communities & Local Government (MHCLG) within 3 months of conviction. Any application received after 3 months from conviction is invalidated under the Pension Regulations. The Secretary of State will consider if the offence was:
  1. gravely injurious to the interests of the State, or
  2. liable to lead to a serious loss of confidence in the public service

If so, they will issue the former Scheme Employer with a certificate. The Scheme Employer must then decide whether to forfeit the staff member’s pension and to what extent.

It is possible for the Commissioner, as the ‘pension supervising authority’ (PSA) to apply for pension forfeiture in respect of a police staff member, under the Local Government Pension Scheme Regulations 2013. It has been agreed between Dyfed-Powys Police and the Office of the Police and Crime Commissioner (OPCC) that any police staff pension forfeiture will be directed to the OPCC as PSA.

• The policy is derived from statutory provision and statutory guidance. There are safeguards contained within and the policy is to be applied equally.

 

 

4. Options and Contingencies

• Role of the Commissioner

When a police officer is convicted of a criminal offence, the Local Policing Body (LPB) as the PSA for police officers in England and Wales, will assess if the conviction is in connection with the officer’s service. If the conviction is in connection with the officer’s service, the LPB will send a full case summary to the Home Office who will review and process the application, before seeking a decision from the Secretary of State. The Secretary of State will consider if the offence was:

• gravely injurious to the interests of the State, or
• liable to lead to a serious loss of confidence in the public service

If so, they will issue the LPB with a certificate. The LPB must then decide whether to forfeit the officer’s pension and to what extent (up to 65% of employer contributions).

 

• Role of the Chief Constable

The Chief Constable has two distinct roles in these cases:

• To identify cases where the forfeiture of pension may be appropriate and to inform the Commissioner; and
• To provide the Commissioner with sufficient information to consider making an application to the Home Secretary for a forfeiture of pension.

 

• PROCESS

The Pension Forfeiture process has 3 stages:

• Stage one: Identifying a case
• Stage two: Consideration by Home Secretary
• Stage three: Procedure on receipt of a Home Secretary’s Certificate

 

• STAGE ONE – Identifying a Case

All instances of pension scheme members being convicted of criminal offences should be reviewed and consideration given as to whether they fit the criteria applicable for pension forfeiture. The Chief Constable (or their Staff Officer/representative) should discuss the possibility of making an application for forfeiture with the OPCC, Professional Standards Department, Legal Services Department and the Force Pension Specialist. As part of this process, both the Pension Scheme Member and their staff association should be made aware that consideration is being given to forfeiture by the Chief Constable (or their Staff Officer/representative).

The APACCE guidance states that a pension forfeiture is not an overly complicated process in and of itself, and though legal advice is not a statutory requirement, it should be considered for each case, on its merits. As a minimum however, a PCC should be supported in their decision making, by the Chief Executive/Monitoring Officer. As the Monitoring Officer has a legal duty to ensure that the PCC’s decision making is legal, it provides further security against future legal challenge. OPCCs may also wish to consider other people who could potentially support decision-making, such as Independent Panel Members (IPMs).

The Chief Constable (or their Staff Officer/representative) will provide a report to the Commissioner, setting out brief details of any officer or Police Staff member convicted of offences that have not been referred to the Commissioner for forfeiture to be considered and the reasons for this.

Once the relevant information has been provided by Dyfed-Powys Police, if the OPCC feels that there is a case for an application to be made, a report should then be prepared so that the Commissioner can make a preliminary decision on whether to apply for forfeiture, following trial.

If the Pension Scheme Member is convicted in court, having been charged with an offence which may fall within the definitions set out at paragraphs 2.1 and 2.2 above, the Force should advise the OPCC within 14 days of conviction.

If the Pension Scheme Member is given grant to an appeal, the Commissioner should await the outcome of that appeal. This provision does not apply where leave to appeal is initially refused and the Pension Scheme Member seeks leave to a higher court.

If the Chief Constable does not consider an application should be made, their representative will inform the Chief Executive, who will advise the Commissioner. Forfeiture will not be considered if the Pension Scheme Member is not convicted of a criminal offence; the process will end at this stage.

If there is no connection between the offence(s) and the role of the Pension Scheme Member, the application will not be made and the process will end at this stage.

Criminal offences and convictions received in foreign countries, and convictions that have occurred after the officer has left the employment of the Force, will also be considered for the purpose of forfeiture.

A term of imprisonment is not essential to initiate the forfeiture process; however a lesser punishment would tend to suggest that the criminal offence(s) were less severe.

The APACCE guidance states the following on ‘seriousness’:

PCCs should not limit themselves to what could be considered the ‘upper end’ of offences such as GBH or sexual assaults. Nor should they be persuaded that an offence is not ‘serious’ enough to warrant consideration. Whilst the current guidance notes that forfeiture should only be for ‘serious’ cases, this has not been defined. It is for the PCC and then the Home Secretary to decide what they believe is serious.

The Harrington Judgement (point 50 onwards) gives more guidance in this area (see Home Office guidance Annex A). If the PCC can evidence that the case would have a negative impact on the public’s view of the police service, they should proceed.

 

The Chief Constable (or their Staff Officer/representative) will inform the Police Officer, Police staff member or pensioner that the Chief Constable is making a report for the Commissioner, requesting that a consideration is made on whether forfeiture of the pension is appropriate when the report is made (to the Commissioner).

 

• The Dyfed-Powys Police Report

The report will contain a summary of the circumstances as to why it is felt that the Commissioner may wish to consider whether forfeiture of the pension is appropriate.

The report will contain sufficient information (please refer to the Home Office Application Form for Police Pension Forfeiture):

• To allow the Commissioner to consider whether to apply to the Home Secretary for a Certificate of Pension Forfeiture;
• To allow the Home Secretary to consider whether to grant a Certificate;
• To allow the Commissioner to subsequently determine whether a pension should be forfeit and if so, to what extent.

The individuals’ pension details should be appended to the Dyfed-Powys Police report, with examples of how various percentage reductions would affect the pension. The Home Office Police Pension Forfeiture Guidance and case law states that there is no minimum amount that can be forfeited and that the maximum amount that may be forfeited is 65% of employer contributions that have been made by the police force. The remainder reflects a member’s own contributions which cannot be forfeited.

It may be necessary to include relevant documents or other material alongside the report to assist in the decision-making process. It should also include any written representation by the Police Officer/Staff Member (or former officer or staff member) or surviving spouse or partner of a police officer/staff member, who will be given 21 days to submit it (the Commissioner does have the option to require the individual to attend in person to make oral representations based on the representations in writing).

• Procedure on receipt of the Dyfed-Powys Police Report by the OPCC

Upon receipt of the Dyfed-Powys Police report, the OPCC Chief Executive will arrange for the Commissioner to consider the case for a pension forfeiture application within 21 days.

As soon as practicable, the Commissioner shall inform the officer, member of staff, or surviving spouse or partner of a police officer/staff member concerned (in writing) of the receipt of the report and that consideration is to be given to the forfeiture of their pension. If an early decision is made not to apply to the Home Secretary for a certificate, this requirement may not be necessary. (The Dyfed-Powys Police Report and any supporting documentation/material should not be disclosed to the officer, member of staff, or surviving spouse or partner of a police officer/staff member at this stage).

The APACCE guidance states that attention should also be given to the pension scheme member’s welfare; this is especially important if they are still in prison. It may well be that the individual is not aware that their offence could attract forfeiture, or that pension forfeitures exist. If the pension scheme member is still in prison, information can potentially be passed through prison liaison officers, or via the Governor’s Office, to make them aware that they may require support.

If the officer, member of staff, or surviving spouse or partner of a police officer/staff member has been granted leave to appeal their conviction, the Commissioner should await the outcome of the appeal before proceeding.

At this stage the Commissioner must decide only whether to apply to the Home Secretary for a certificate.

 

• Application for a Certificate of Forfeiture

Forfeiture is an additional penalty to the penalty of a court and pension rights should not be forfeited, except in serious circumstances. Forfeiture will not always be applicable in every case but should always be considered where the offence was serious and there might be public concern about the police officer/member of staff or surviving spouse or partner abuse of their position of trust.

The Commissioner will consider the question of whether the application for a Certificate of Forfeiture should be made to the Home Secretary.

Application must be post-conviction, but there are no time limits to applying for forfeiture for Police Officers.

The Commissioner should also specifically consider whether the Police Officer, former Police Officer or Staff Member has:

• been convicted of a criminal offence committed in connection with their service as a member of a police force, and
• the offence has been certified by the Secretary of State as either
  1. liable to lead to a serious loss of confidence in the public service; or
  2. gravely injurious to the interests of the State

The relevant Secretary of State for police officers is the Secretary of State for the Home Department.

Police staff members participate in the separate Local Government Pension Scheme and the relevant Secretary of State is the Secretary of State for Housing, Communities and Local Government. Where the Commissioner wishes to apply for pension forfeiture in respect of a police staff member under the Local Government Pension Scheme Regulations 2013, then they should seek further information from: [email protected].

The Commissioner’s application should include the following essential information:

1. The details of the Pension Scheme Member (names, rank, date of birth, date joined the force)
2. Details of which pension scheme(s) the relevant pension scheme member has accrued benefits in. This can be the 1987, 2006 or 2015 Scheme, or multiples thereof. This is essential, as it impacts which regulations the certificate(s) is issued under;

• Full details of the offence(s) and the connection with police service.

1. The date(s) of conviction and the details of the conviction;
2. Details of the circumstances surrounding the offence and investigation. Whether the offence involved;
   • Organised conspiracy amongst several officers (pension scheme members)
   • Active support for criminals
   • Perversion of the administration of justice
   • Betrayal of an important position of trust for personal gain, and/or
   • Corruption or attempted corruption of junior officers.
3. Details of the sentence imposed by the court (length of sentence etc.), and the Judge’s sentencing remarks (if known).

• Details of publicity and media coverage.
• A statement that, in the view of the PSA, the offence in question was committed in connection with the pension scheme member’s service as a member of the police force and is liable to lead to a serious loss of confidence in the public service and/or is gravely injurious to the interests of the State and the reason(s) for this view;

1. When the pension scheme member is convicted of more than one offence, the PSA should highlight which specific offences were committed in connection with the pension scheme member’s service and ensure that correct dates are provided. These are essential for processing an application, and the dates will appear on any forfeiture certificate, if issued. Often, when multiple convictions are present, not all will be relevant to a forfeiture application as it may be the case that not every offence of which a pension scheme member is convicted falls within scope of the forfeiture provisions. Where issued, a certificate will specify the offences and dates of conviction for which it is issued, so it is important that these are correct;
2. The details of any misconduct proceedings for the pension scheme member, the outcome (and the outcome of an appeal if there was one) and if the pension scheme member has been included on the Barred and Advisory List.
3. Any relevant information on the overall behaviour of the pension scheme member during trial and investigation, including plea, co-operation etc.

Additional useful information could include:

• Brief details of the pension scheme member’s service such as their length of service and seniority;
• The financial implications of any potential forfeiture, including pension details, on widowers or any dependents such as children or family members.

Documents to be attached to the report which may be relevant include:

• Statement of victims/witnesses if available;
• A copy of the Judgment on sentencing;
• Press/media reports.

 

Applications should be sent to:

Police Officers:             [email protected]

Police Staff:                  [email protected]

Where the Commissioner decides to apply for a Certificate, the PSA must notify the pension scheme member(s) of the application to the Home Secretary as soon as possible.

 

• STAGE TWO – Consideration by Home Secretary

Once the application is received by the Home Office, officials will consider the information provided, and contact the PSA if there are any queries, or if any important information has been omitted. Formal advice is then prepared and submitted for consideration by the Home Secretary.

The decision on whether to issue a certificate is made by the Home Secretary or a Minister of State on their behalf under delegated authority. Some of the factors that the Home Secretary will take into account in coming to a view include:

1. the seriousness with which the Court viewed the offence(s) (as demonstrated by the punishment imposed and the sentencing remarks);
2. the circumstances surrounding the offence and investigation;
3. the seniority of the officer (pension scheme member) or former officer (the more senior, the greater the loss of credibility and confidence);
4. the extent of publicity and media coverage; and
5. whether the offence involved:
   • an organised conspiracy amongst a number of officers,
   • active support for criminals,
   • the perversion of the course of public justice,
   • the betrayal of an important position of trust for personal gain, and/or
   • the corruption or attempted corruption of junior officers.

 

The role of the Home Secretary is to certify whether the offence committed is considered to be gravely injurious to the interests of the State, or liable to lead to a serious loss of confidence in the public service. The PSA is not required to give any indication as to any amount or proportion or duration of any forfeiture that they might be considering in order to apply for a certificate from the Home Secretary.

Once this decision is made, officials will contact the PSA to inform them of the outcome. This will usually consist of a formal covering letter outlining the reasons for the decision, with (if issued) the signed certificate also attached. The covering letter reminds the authority that the pension scheme member subject to forfeiture must be informed of the outcome of the application, and the reasons for it, along with a copy of the certificate (if issued). The PSA should inform the individual as soon as possible once it receives the certificate (if issued).

If the Home Secretary refuses to issue a certificate, forfeiture cannot proceed and the process stops here.

 

• STAGE THREE – Procedure on receipt of a Home Secretary’s Certificate

The Commissioner will consider whether to forfeit the Pension Scheme Member and if so, to what extent the pension should be forfeited and for what duration.

These decisions will be made on a case-by-case basis and will depend on the specifics of each case. An individual’s pension may be forfeited by no more than 65% (and only contributions that have been made by the police force).

Factors which may influence the extent of forfeiture that a PSA decides to apply could include:

• severity of the criminal offence;
• thecircumstances surrounding the offence and investigation;
• the seniority of the officer (pension scheme member) or former officer (the moresenior, the greater the loss of credibility and confidence);
• the extent of publicity and media coverage; and
• whether the offence involved:
  1. an organised conspiracy amongst a number of officers,
  2. active support for criminals,

• the perversion of the course of public justice,

1. the betrayal of an important position of trust for personal gain, and/or
2. the corruption or attempted corruption of junior officers;

• mitigating circumstances;
• disability in the family;
• illness at the time of the offence;
• assistance or information given to the police during the investigation or following conviction.

 

As with Stage 1:

• Submissions from the officer or Police Staff member should be requested, and the offer made for the formerofficer or Police Staff member to attend should they wish; it is not necessary for the officer or Police Staff member to respond, butfor the OPCC to demonstrate that they have been requested.
• Legal advice can be requested in order to make the final determination, but again, is not a requirement.

Should the PCC decide to forfeit, the OPCC will need to inform the pension scheme member; the Chief Constable; the Home Office; and the relevant pensions department, either directly or through the Force’s payroll team. It is recommended that confirmation be sought from the pension provider that the forfeiture will be applied, and this information placed on file.

The pension scheme member should also be made aware of their right of appeal. It is therefore vital that accurate and detailed record keeping is maintained throughout the process, should the pension scheme member wish to appeal.

They may also wish to promote the forfeiture, both internally and externally. Internally, potentially in conjunction with PSD, it will demonstrate to officers the potential result of serious criminal wrong doing; this could be part of a broader internal communications process aimed at highlighting the work that Police Forces are doing to combat officer misconduct. Externally, it will demonstrate the PCC’s commitment to the highest standards, and robust action in upholding them. PCCs may also wish to inform their local Police and Crime Panel.

 

• Right of Appeal

Regulation H5 of the 1987 Regulations provides for a right of appeal to the Crown Court, against the decision by the PSA to forfeit the pension. A pension scheme member may appeal against the PSA’s decision that the case fell within scope of the relevant regulations, and/or against the extent of the forfeiture. A decision to delay the determination on forfeiture following the issue of a certificate might, in some circumstances, be prejudicial to a successful appeal and liable to challenge.

The right of appeal lies after the forfeiture has occurred, even if the cause for aggrievement, is whether the offence was committed in connection with their service.

Under the rules of the Crown Court, a notice of appeal should be submitted to the Court and any other party to the appeal within 21 days of the day the individual was notified of the decision. The Court has discretion however, to accept an appeal out of time.

There are also appeal rights in the 2006 Regulations (regulation 66 (d)) and 67(2)(d) and the 2015 Regulations (regulation 216).

 

• Background Papers

Regulation K5 of the Police Pensions Regulations 1987

Regulation 55 of the Police Pensions Regulations 2006

Chapter 5 of Part 13 to the Police Pensions Regulations 2015

The Home Office Police Pension Forfeiture Guidance: Guidance on applying for a pension forfeiture certificate for police officer pensions following conviction of a criminal offence Version 1.0 – Published 11 February 2021

Home Office Police Pension Forfeiture: Application Form

 

5.  Take action and review

• The Chief Constable (or their Staff Officer/representative) should discuss the possibility of making an application for forfeiture with the OPCC, Professional Standards Department, Legal Services Department and the Force Pension Specialist. As part of this process, both the Pension Scheme Member and their staff association should be made aware that consideration is being given to forfeiture by the Chief Constable (or their Staff Officer/representative).

 

• The following ethical policing principles are relevant to this policy:
  • Courage – making, communicating and being accountable for decisions, and standing against anything that could bring our profession into disrepute.
  • Respect and empathy – encouraging, listening to and understanding the views of others, and seeking to recognise and respond to the physical, mental and emotional challenges that we and other people may face.
  • Public service – working in the public interest, fostering public trust and confidence, and taking pride in providing an excellent service to the public.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: March 2025