Nominations and notices accepted by the Scottish Ministers under the 2011 Regulations to apply under Chapter 3.ES
3.L.2.—(1) This regulation applies if—
(a)on the day a Waiting Period Joiner becomes an active member of this Section of the scheme—
(i)the Scottish Ministers have accepted any of the nominations or notices specified in paragraph (2) in respect of the benefits to be paid on the death of that Waiting Period Joiner; and
(ii)that Waiting Period Joiner has not revoked that nomination or notice; or
(b)at any time after a Waiting Period Joiner becomes an active member of this Section of the scheme, that Waiting Period Joiner gives a notice, nomination or declaration for the purposes of a regulation listed in the table at paragraph (4).
(2) The nominations and notices referred to in paragraph (1)(a) are—
(a)a nomination made in accordance with regulation F5 (payment of lump sum) of the 2011 Regulations (payment of lump sum) in favour of one or more persons in respect of any lump sum that becomes payable under regulations F1 to F4 (lump sum on death) of the 2011 Regulations;
(b)a notice provided for the purposes of regulation F5(3)(a) of the 2011 Regulations that the person's surviving partner (within the meaning of that regulation) is not to receive the payment of any lump sum that becomes payable under regulations F1 to F4 of the 2011 Regulations;
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) For the purpose of this Section of the scheme a nomination or notice referred to in paragraph (1)(a) must be treated—
(a)in the case of the nomination referred to in paragraph (2)(a), as if that nomination has been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.22 (payment of lump sums or pensions on death);
(b)in the case of a notice referred to in paragraph (2)(b), as if that notice had been accepted by the Scottish Ministers as a notice for the purposes of regulation 3.E.22 specifying that the Waiting Period Joiner's personal representatives are to receive any lump sum or pension on the death of that Joiner; and
(c)in the case of a notice referred to in paragraph (2)(c), as if that notice had been accepted by the Scottish Ministers as a declaration for the purposes of regulation 3.E.2 (meaning of “surviving nominated partner”).
(4) A notice, nomination or declaration referred to in paragraph (1)(b) that is given by a Waiting Period Joiner for the purposes of a regulation listed in column 1 of the following table must be treated as a notice, nomination or declaration given for the purposes of the corresponding regulation in column 2.
Table
| Column 1 | Column 2 |
|---|---|
| The 2011 Regulations | These Regulations |
| F5 (payment of lump sum) | 3.E.22 (payment of lump sum or pensions on death) |
| G14 (surviving nominated partner's pension) | 3.E.2 (meaning of “surviving nominated partner”) |
Textual Amendments