19AAMember or former member charged with or convicted of serious offence

19AA Member or former member charged with or convicted of serious offence

19AA Member or former member charged with or convicted of serious offence

(1) This section applies in respect of a person—

(a) who ceases to be a member while proceedings for a serious offence are pending against the person, or

(b) who ceased to be a member if proceedings for a serious offence are instituted against the person for conduct that occurred when the person was a member.

(2) Any entitlement of such a person as a former member to receive a pension under this Part is suspended while proceedings for the serious offence are pending against the former member. However, the trustees may lift the suspension and reinstate the person’s entitlement to a pension pending the finalisation of the proceedings if satisfied that the suspension is not in the public interest.

(3) If the finalisation of the proceedings results in the person not being convicted of any serious offence, the suspension of pension entitlement is lifted and the person’s entitlement to a pension is reinstated.

(4) If the finalisation of the proceedings results in the person being convicted of a serious offence—

(a) the person ceases to have any entitlement to receive a pension or any further payment of a pension under this Part, and any pension already paid is to be repaid to the Fund, and

(b) any election under section 20 (Right to convert pension to lump sum entitlement) in respect of the pension (since the person last became a member) is of no effect and is taken never to have been made, and any lump sum payment made under this Part pursuant to any such election is to be repaid to the Fund, and

(c) the person’s net contributions are to be refunded to the person,

except as otherwise provided by this section.

(4A) If the person, before being convicted of the serious offence, had been in receipt of a pension or had received a lump sum payment pursuant to an election under section 20, the trustees may refund net contributions by deducting the amount of the refund from any pension already paid, or any lump sum payment, that the person is required to repay to the Fund under subsection (4).

(4B) If the conviction of the person is quashed by a court after the finalisation of the proceedings for the serious offence, the trustees must, on application by the person, reinstate the person’s pension and repay to the person any amount of pension, or any part of the lump sum, that the person has repaid to the Fund.