OpenLegislation

Regulation 84 Nominations for lump sum death benefitsI1C1

United Kingdom

(1)

For the purposes of regulation 78 (death of a member: lump sum benefit), a member may nominate—

(a)

one or more individuals;

(b)

one incorporated or unincorporated body; or

(c)

one or more individuals and one incorporated or unincorporated body.

(2)

A nomination may specify how payments are to be apportioned between—

(a)

two or more individuals; or

(b)

one or more individuals and one incorporated or unincorporated body.

(3)

A nomination must be made by signed notice in writing to the scheme administrator in such form as the scheme manager may require or is willing to accept.

(4)

A member may revoke or alter a nomination by a further signed notice in writing to the scheme administrator in such form as the scheme manager may require or is willing to accept.

F1(4A)

Where the member marries or enters into a civil partnership on or after 1st December 2018, any existing nomination ceases to have effect from the date of the marriage or civil partnership.

(5)

The nomination of a person is invalid—

(a)

if—

(i)

the person nominated is an individual who was the spouse, civil partner or other adult dependant of the member at the date the nomination was made and is not the spouse, civil partner or other adult dependant of the member immediately before the member’s death; and

(ii)

the member did not confirm the nomination by notice in writing to the scheme administrator after the marriage, civil partnership or adult dependency ended; or

(b)

if the person nominated is an individual who predeceases the member.

(6)

If a person nominated is convicted of the offence of murder of the member, the person’s nomination is to be treated as invalid from the member’s death.

(7)

If a person nominated is convicted of manslaughter or any other offence (apart from murder) of which the unlawful killing or wounding of the member is an element, the scheme manager may determine that the nomination is to be treated as invalid from the member’s death.

Annotations

Textual amendments

F1

Reg. 84(4A) inserted (1.12.2018) by The Armed Forces Pension Schemes and Early Departure Payments Schemes (Amendments Relating to Flexible Working and Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1111), regs. 1(2)(d), 5(7)

Modifications

C1

Reg. 84 modified (1.10.2023) by S.I. 2005/438, Sch. 3 para. 61 (as inserted by The Armed Forces Pensions (Remediable Service) Regulations 2023 (S.I. 2023/998), reg. 1(b), Sch. 2)

Commencement

I1

Reg. 84 in force at 1.4.2015, see reg. 1(2)