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82.—(1) A person (“the appointor”) may nominate another individual (“the nominee”) for the purpose of this Part by giving written notice to the Secretary of State.
(2) A nomination under paragraph (1) ceases to have effect if—
(a)the appointor revokes the nomination by giving written notice to the Secretary of State,
(b)the appointor subsequently nominates a different person in place of the nominee, or
(c)the nominee dies.
(3) The nominee is the appointor's death grant beneficiary for the purpose of this Part if the nomination has effect at the date of the appointor's death.
(4) Where the appointor nominates more than one individual under paragraph (1), the notice must state in relation to each nominee—
(a)the share of the death grant to be paid to the nominee, and
(b)whether, if the nominee predeceases the appointor, the Secretary of State must treat the notice as stating that the deceased nominee's share of the death grant be paid—
(i)to the surviving nominee or, if there is more than one, to the surviving nominees in accordance with paragraph (5), or
(ii)to the appointor's personal representatives as part of the appointor's estate.
(5) Where the share of the deceased's nominee's death grant is to be paid to the surviving nominees it is to be paid to them in shares such that the proportion which each surviving nominee's share bears to each of the other surviving nominee's shares is the same as it was in the nomination.
(6) Any death grant paid under this Part must be paid to the appointor's death grant beneficiary or, if more than one, death grant beneficiaries in the shares determined in accordance with paragraphs (4) and (5).
(7) But where there is no death grant beneficiary, the death grant must be paid to the appointor's surviving spouse, surviving civil partner or [F1surviving qualifying partner] or, if there is no such person, to the appointor's personal representatives as part of the appointor's estate.
Textual Amendments
F1Words in reg. 82(7) substituted (1.9.2019 with effect from 1.9.2010) by The Teachers' Pensions Schemes (Amendment) Regulations 2019 (S.I. 2019/1134), regs. 1(1)(3), 7
Modifications etc. (not altering text)
C1Reg. 82 modified (1.4.2015) by The Teachers' Pension Scheme Regulations 2014 (S.I. 2014/512), reg. 1(2), Sch. 3 para. 53 (with reg. 183)
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