Pension forfeit following courts martial.

RP578

LE
Book Reviewer
#1
Not sure if anyone here would know the answer or even if this is the right place for this question, but here goes. If someone is gaoled following a conviction at a Courts Martial, will they automatically forfeit their pension?
 
#2
Not sure if anyone here would know the answer or even if this is the right place for this question, but here goes. If someone is gaoled following a conviction at a Courts Martial, will they automatically forfeit their pension?
Not automatically, no. Remember the sentence of the court might be as little as 7 days pokey, depending on the offence, obviously. Bit harsh to automatically forfeit pension for 7 days in clink. There used to be a reduced pension rate for bad boys, where you got something, but not the full rate. It would depend when the DCM was. Have a look in the Army Pension Warrant, Google will have it somewhere.

However, pension forfeiture is mandatory for not being able to spell Court Martial. One Court Martial, two Courts Martial. :)
 
#3
We have chaps who have been discharged due to a rather seriously violent civvy offence who got their pension at 60
 
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#4
Not sure if anyone here would know the answer or even if this is the right place for this question, but here goes. If someone is gaoled following a conviction at a Courts Martial, will they automatically forfeit their pension?
I seem to remember that no one can lose their pension unless its something ultra serious like treason, followed by running away to another country. Murder and all niff naf shit doesnt effect it.
Having said that if you are hoofed out before you IP point, you will be treated the same as someone else leaving at that point. So if its just before your IP, you are fucked, until you get to the age where you can claim part of it, its in the 50s or 60s.
 
#5
I used to work with a WO1 who was done for drink driving along with a couple of associated charges - more or less being shitfaced stroppy with the German Civil Police. He was court martialled more or less his last month in the army. Reduced to Private, sent off somewhere for his last few weeks and received all his WO1 retirement benefits.
 
#6
I don't think so.
I used to work with a WO1 who was done for drink driving along with a couple of associated charges - more or less being shitfaced stroppy with the German Civil Police. He was court martialled more or less his last month in the army. Reduced to Private, sent off somewhere for his last few weeks and received all his WO1 retirement benefits.
We had one of those - he got shipped off to Hong Kong!
 
#7
The simple answer to the OP is no.

Then it depends on a number of factors I cba to delve into as it depends on the individuals circumstances.
 
#8
I seem to remember that no one can lose their pension unless its something ultra serious like treason, followed by running away to another country. Murder and all niff naf shit doesnt effect it.

He's been dishonourably discharged from the Canadian military, stripped of his rank and his medals, uniforms, and commission scroll confirming his status as an officer in the RCAF were destroyed. The vehicle he used to abduct Jessica Lloyd was also crushed. He will, however, continue to receive a pension.
He Was a Top Officer in the Military, and Also a Serial Killer
 
#9
#10
I used to work with a WO1 who was done for drink driving along with a couple of associated charges - more or less being shitfaced stroppy with the German Civil Police. He was court martialled more or less his last month in the army. Reduced to Private, sent off somewhere for his last few weeks and received all his WO1 retirement benefits.
On the old pension system (I think the rules have changed) if you were bust in your last 2 years (I think) of your 22 you kept the pension of your previous rank. There was a Sgt in 16 Regt Bicester who used to run a cadet detachment that was thrown under the bus by the MOD (No shock there) when one of the little darlings got seriously hurt, he got bust to a tom but was in his last two year and kept his Sgt pension.
 

RP578

LE
Book Reviewer
#11
Not automatically, no. Remember the sentence of the court might be as little as 7 days pokey, depending on the offence, obviously. Bit harsh to automatically forfeit pension for 7 days in clink. There used to be a reduced pension rate for bad boys, where you got something, but not the full rate. It would depend when the DCM was. Have a look in the Army Pension Warrant, Google will have it somewhere.
Thank you for that. The prisoner involved was pretty convinced that they would not be forfeiting their pension (they were an SNCO at their 15 year point when convicted) and I wanted to make sure that they weren't deluding themselves. They were sentenced to over two years.

However, pension forfeiture is mandatory for not being able to spell Court Martial. One Court Martial, two Courts Martial. :)
The paperwork said 'courts martial', so I assume that the different counts were administered as separate cases.
 
#12
Thank you for that. The prisoner involved was pretty convinced that they would not be forfeiting their pension (they were an SNCO at their 15 year point when convicted) and I wanted to make sure that they weren't deluding themselves. They were sentenced to over two years.



The paperwork said 'courts martial', so I assume that the different counts were administered as separate cases.
He wont get it until hes in his 50s (or 60s) I can't remember the exact age.
 
#13
Thank you for that. The prisoner involved was pretty convinced that they would not be forfeiting their pension (they were an SNCO at their 15 year point when convicted) and I wanted to make sure that they weren't deluding themselves. They were sentenced to over two years.



The paperwork said 'courts martial', so I assume that the different counts were administered as separate cases.
Here you go. Para 154 and 155 of the Army Pension Warrant. https://assets.publishing.service.g...le/207837/ArmyPensionWarrantAmdt40Change4.pdf

Discretionary awards for inefficiency or misconduct
  1. A soldier who is discharged on or after 31st March 1984, for reasons of mis-
    conduct or incapacity, unsuitability or inefficiency within his own control, and who has completed at least 22 years’ reckonable service, may be awarded a service pension assessed under TABLE 26 or 27, Appendix VIII. The rate of pension awarded to a soldier under this Article may, if it is to his advantage, be revised to the level of an award of preserved pension for his rank and length of service under Article 158 when he reaches pension benefit age.
  2. Pensions benefits may be forfeited where:
    1. a soldier or former soldier is convicted of the offence of treason or of one or more offences under the Official Secrets Act 1911 to 1989 for which he 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;
    2. a soldier or former soldier is convicted of an offence in connection with his service, including the offences listed below, which is con- sidered by the Secretary of State for Defence to have been gravely injurious to the defence, security or other interest of the State:
      1. (1) Assisting, aiding or communicating with the enemy in time of war;
      2. (2) Mutiny or incitement to mutiny in time of war or peace;
      3. (3) Failure to suppress a mutiny in time of war or peace;
      4. (4) Desertion in time of war or while on active service;
      5. (5) Sabotage in war or grave sabotage in time of peace;
      6. (6) Grave breach of the Geneva Conventions.
Basically you have to be Lord Haw Haw to forfeit the whole thing.
 
#16
Actually it's a she. AGC clerk who defrauded the MoD to the tune of hundreds of thousands.
The ******* amateur.
 
#19
An LE of my acquaintance was C-M'd for an off-duty incursion into the RoI.

The sentence was discharge and forfeiture of pension. Recovered his pension on appeal.

That was the '80s, I think the law and precedent have subsequently changed to put the loss of public pensions beyond the reach of the courts including C-M in most cases.
 

RP578

LE
Book Reviewer
#20
Did they recover the money before she blew it all on lipstick and dildos?
No, I think it was all pretty much pi55ed away on gambling with the occasional exotic holiday thrown in, but honestly who knows. I'm guessing that she probably doesn't have much for them to get via a confiscation order.
 

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