Regulation 133 Meaning of “surviving nominated beneficiary”I1

Scotland

(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 (3) are satisfied.

(2)

A member may nominate P by giving the scheme manager a written notice signed by both the member and P stating that the conditions in paragraph (3) are satisfied.

(3)

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 nor in a civil partnership;

(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.

(4)

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 (3) ceases to be satisfied;

(c)

the member makes a subsequent nomination under this regulation; or

(d)

P dies.

Annotations

Commencement

I1: Reg. 133 in force at 1.4.2015, see reg. 1(2)(b)