Regulation 136 Meaning of “surviving nominated beneficiary”

England and Wales

(1)

For the purpose of a survivor's pension, a person (P) is a member's “surviving nominated beneficiary” if—

(a)

the member has nominated P to receive a pension on the member's death; and

(b)

at the date of the member's death—

(i)

the nomination has effect; and

(ii)

the conditions in paragraph (4) are satisfied.

(2)

A member may nominate P by giving written notice to the scheme manager.

(3)

The notice must—

(a)

be signed by both the member and P; and

(b)

state that the conditions in paragraph (4) are satisfied.

(4)

The conditions are that—

(a)

a retirement pension (other than phased retirement pension) has not become payable to the member;

(b)

P is an individual;

(c)

neither the member nor P is married or in a civil partnership;

F1(ca)

no person has satisfied the conditions in regulation 135 in relation to the member for a continuous period of 2 years or more;

(d)

P is not living with another person as if they were a married couple or civil partners;

(e)

P is not an eligible child of the member;

(f)

if P is the member's parent, brother or sister—

(i)

P has never married nor formed a civil partnership; or

(ii)

P is widowed or a surviving civil partner;

(g)

if P is the member's step-parent, P is widowed or a surviving civil partner; and

(h)

P is wholly or mainly financially dependent on the member.

(5)

A nomination ceases to have effect if—

(a)

the member or P gives written notice of revocation to the scheme manager;

(b)

any condition in paragraph (4) ceases to be satisfied;

(c)

the member makes a subsequent nomination under this regulation; or

(d)

P dies.

Annotations

Textual amendments

F1: Reg. 136(4)(ca) inserted (with effect from 1.4.2015) by The Teachers Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), reg. 1(1)(4), 25