PART 9Family benefits

Nomination of surviving nominated beneficiary

91.—(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.