PART 9Family benefits

Nomination of surviving nominated beneficiary91

1

A person (A) may nominate another person (B) to receive a pension by giving written notice to the Secretary of State if Conditions 1 and 2 are satisfied.

2

Condition 1 is that A has reckonable service which has not been used to calculate a retirement pension payable to A.

3

Condition 2 is that—

a

A is neither married nor a civil partner,

b

no nomination made by A under regulation 90 (nomination of surviving nominated partner) has effect,

c

B is A’s parent, step-parent, brother or sister,

d

B is neither married nor a civil partner,

e

where B is A’s parent, brother or sister, either B has never married nor formed a civil partnership or B is widowed or a surviving civil partner,

f

where B is A’s step-parent, B is widowed or a surviving civil partner,

g

where B is A’s brother or sister, B is not an eligible child of A,

h

B is not living with another person as if they were husband and wife or civil partners, and

i

B is wholly or mainly financially dependent on A.

4

A nomination ceases to have effect if—

a

A gives written notice of revocation to the Secretary of State,

b

A makes a subsequent nomination under this regulation,

c

A makes a nomination under regulation 90 (nomination of surviving nominated partner),

d

either A or B marries or forms a civil partnership,

e

B begins to live with another person as if they were husband and wife or civil partners, or

f

B dies.

5

B is A’s surviving nominated beneficiary if, at the date of A’s death—

a

the nomination has effect, and

b

Condition 2 is satisfied.