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Loss of rights to benefits

Pension benefits may be reduced if a loss to public funds has occurred as a result of a member's serious criminal, fraudulent or negligent behaviour.

The Scottish Ministers may direct that all or part of any benefit payable to a member or their dependants may be forfeited if the member is convicted of an offence in connection with their employment which is committed before pension benefits become payable.

Where the financial loss is suffered by an employer, the amount of the reduction in benefits could potentially be repaid to the NHS employing authority.

NHS employing authorities who wish to take such action against a scheme member should provide SPPA with full details of any individual case in writing, including information regarding any ongoing or completed legal proceedings against the individual staff member.

Further information

The National Health Service Superannuation Scheme (Scotland) Regulations 2011 (T7 – Loss of rights to benefits)

The National Health Service Pension Scheme (Scotland) Regulations 2008 (2.J.6 – Reduction in benefits in cases where loss caused by member's crime, negligence or fraud)

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