If a member is dismissed on disciplinary grounds and convicted of an offence involving theft or fraud involving public funds, the schemes regulations may enable the NHS Pensions to withhold retirement benefits so that the employer can seek recompense. Where a loss to public funds occurs as a result of a members:
- fraudulent act or omission
in connection with their NHS employment, NHS Pensions on behalf of the Secretary of State can, within the limits set out in the regulations, withhold up to the amount of the loss from any benefits due including immediate entitlement to a pension and lump sum; preserved benefits; a return of contributions; a transfer payment.
In most cases, the loss will be recovered directly by member's employer, either with the agreement of the member concerned or, alternatively by applying for a Court Order.
Please see the Dismissal (Exit code 02) factsheet for further information, available on our website.