Regulation 135 Meaning of “surviving nominated partner”

(1)

For the purpose of a survivor's pension, a member's partner (P) is a “surviving nominated partner” 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 condition in paragraph (3) was satisfied for a continuous period of at least 2 years ending on that date.

(2)

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

(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)

the member is able to marry or form a civil partnership with P;

(b)

the member and P are living with each other as if they were a married couple or civil partners;

(c)

neither the member nor P is living with a third person as if they were a married couple or civil partners; and

(d)

the member and P are financially interdependent or P is financially dependent on the member.

(5)

A nomination ceases to have effect if—

(a)

the member or P revokes the nomination by giving written notice to the Department;

(b)

the member makes a subsequent nomination under this regulation;

(c)

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

(d)

P dies.