SECTION 10: MISCELLANEOUS PROVISIONS
Right to receive benefits
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| 10.01 |
The Authority (or, in the case of a temporary allowance payable
under Rule 7.06(c) of Appendix 7 by another employer, that other employer)
will, subject to production of such evidence and other particulars as may
be required in the light of the circumstances in which each benefit is claimed,
duly and punctually pay or cause the payment of the various benefits described
in the Scheme. No person whether a member or not shall have any claim, right
or interest upon, or in respect of, the Scheme except in accordance with
the provisions of the Scheme, as amended from time to time.
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Provision of copies of the Rules to members
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| 10.02 |
Every member shall be entitled on request to one copy of these
Rules and of any amendments thereto currently in force. Additional copies
shall be made available on such reasonable terms as the Authority may decide
to cover the cost thereof.
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Right to terminate employment not affected
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| 10.03 |
Nothing in these Rules shall in any way restrict any right
of an employer to terminate the employment of any member.
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Set off and forfeiture
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| 10.04 |
(1) |
If any member is discharged from employment on account of
an act or omission which is a criminal offence or fraudulent, or resigns
from such employment to avoid such discharge, the Authority (whether as
employers or on behalf of any of the other employers for the purpose of
enabling such employer to obtain discharge by the member of some monetary
obligation due to the employer and arising out of the member’s criminal
offence or fraud as aforesaid) shall be entitled to set off against or deduct
from any money due to the member under the Scheme a sum equal to the value
of any money, or goods misappropriated, or the cost of making good any criminal
damage done; provided that no such set-off or deduction shall be made from
that part of any benefit which is attributable to a transfer value received
by the Scheme in respect of the member, nor from the minimum pension guaranteed
under Rule 4.14.
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(2) |
Any set-off or deduction under paragraph (1) of this Rule
shall be limited to the actuarial value of the member’s actual or prospective
benefits under the Scheme at that time or the amount of the member’s monetary
obligation, whichever is the less (subject to any different agreement in
writing between the employer and the member). The member shall be entitled
to a certificate showing the amount set-off or deducted and its effect on
his benefits or prospective benefits. In the event of any dispute as to
the amount to be set-off or deducted, the Authority shall not be entitled
to enforce the set-off or deduction except after the member’s monetary obligation
has become enforceable under an order of a competent court or the award
of an arbitrator or in Scotland an arbiter appointed (failing agreement
between the member and his employer) by the Sheriff.
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(3) |
The Authority shall have power to withhold benefits payable
under this Scheme where a member or former member is convicted:
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(a) |
of one or more offences under the Official Secrets Acts 1911
to 1989 for which the person concerned has been sentenced to a term of imprisonment
of at least 10 years or has been sentenced on the same occasion to two or
more consecutive terms amounting in the aggregate to at least 10 years;
or
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(b) |
of an offence in connection with any employment to which this
Scheme applies, being an offence which is certified by a Minister of the
Crown either to have been gravely injurious to the State or to be liable
to lead to serious loss of confidence in the public service;
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and shall withhold such benefits where a member or former
member is convicted of treason. Provided that, before benefits may be forfeited
under sub-paragraph (a) or (b) of this paragraph, the person concerned will
be entitled to appeal against the forefeiture to an independent board nominated
by the Authority.
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| 10.05 |
unallocated.
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Benefits not assignable
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| 10.06 |
Any benefit payable under the Scheme shall not be assignable
or chargeable and shall cease to be paid or payable to the person who, but
for this provision, would be entitled thereto in the event of the bankruptcy
of that person, or upon the execution of an assignment for the benefit of
his creditors, or in the event of any attempt to mortgage, charge or assign
the same to any person. In any of such events, and whether or not the benefit
had previously become payable, the Authority shall have power, in their
discretion, and at such time or times as they may think fit, to pay or apply
such benefits, or any part thereof, for the benefit of the member or his
dependants, or any of them, as the case may be.
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Discretionary application of benefit
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| 10.07 |
If a person is, in the opinion of a medical adviser of the
Scheme, unable to manage his affairs by reason of mental incapacity or other
cause, the Authority may, in their absolute discretion, pay any sum to which
such person is entitled under the Scheme to any other person for his benefit,
or for the benefit of his dependants, or any of them.
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Medical examination
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| 10.08 |
Any medical examination of a member or any medical opinion
required under these Rules shall be conducted, or given, by a medical adviser
to the Scheme taking account of reports from the family doctor or specialist
medical advisers which the medical adviser to the Scheme may deem necessary.
A report by the medical adviser to the Scheme will be made available to
the member's family doctor who may express dissatisfaction with the report.
For an appeal from the family doctor to be considered, the reasons for the
family doctor's dissatisfaction with the report of the medical adviser to
the Scheme, must be received by the medical adviser to the Scheme within
one month of the date of the report. If such an appeal is received, a review
of the reasons for the determination, which may include an examination of
the member, shall be conducted by a different medical adviser to the Scheme
not previously involved in the determination. The report of the second medical
adviser to the Scheme shall be considered as final and conclusive for the
purposes of the Scheme.
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Payments to legal personal representatives
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| 10.09 |
On the death of a member or of a member’s spouse or member’s civil partner in receipt
of a pension or continuing annual payment, any sum that is due to the deceased
in respect of the pension or continuing annual payment which is not, within
12 months of the death, claimed in writing by the personal representatives
of the deceased may be paid to or expended for the benefit of any one or
more of the dependants of the deceased as the Authority may in their discretion
think fit. The receipt of the person to whom any money is paid under the
provision of this Rule shall be a good and sufficient discharge for the
amount mentioned therein.
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Method of payment of pension or continuing annual
payment
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| 10.10 |
A pension or continuing annual payment will be paid monthly
in arrear. Every person entitled to receive a pension or continuing annual
payment is responsible for keeping the Authority informed of the current
address where he normally resides, for furnishing them with such evidence
of his being alive as they may from time to time require, and for specifying
the address and particulars of a bank or giro account to which his pension
or continuing annual payment is to be sent. In the absence of any such information
the Authority shall be entitled at their discretion to withhold or delay
payment of the pension or continuing annual payment.
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Amendment of the Scheme
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| 10.11 |
The Authority may, with the approval of the responsible Minister
of the Crown, from time to time amend any Rule of the Scheme, or make, or
amend, any additional Rule; provided that no amendment or additional Rule
shall alter the main purpose of the Scheme.
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Dissolution of the Scheme
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| 10.12 |
If the Scheme is terminated at any time the Authority shall
pay :
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(a) |
to persons in receipt of pensions, continuing annual payments
or annuities under the Scheme - pensions, continuing annual payments or
annuities equal in amount and similar in character to those under the Scheme;
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(b) |
to persons entitled to contingent pensions under the Scheme
- pensions contingent on the same happenings and equal in amount and similar
in character to those under the Scheme;
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(c) |
to other members - such single payments or periodical amounts
as the Authority shall decide to be appropriate having regard to the advice
of the Actuary.
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