The Teachers' Pension Scheme Regulations 2014

Meaning of “surviving nominated beneficiary”E+W

This section has no associated Explanatory Memorandum

136.—(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 (4) are satisfied.

(2) A member may nominate P by giving written notice to the scheme manager.

(3) The notice must—

(a)be signed by both the member and P; and

(b)state that the conditions in paragraph (4) are satisfied.

(4) 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 or in a civil partnership;

[F1(ca)no person has satisfied the conditions in regulation 135 in relation to the member for a continuous period of 2 years or more;]

(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.

(5) 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 (4) ceases to be satisfied;

(c)the member makes a subsequent nomination under this regulation; or

(d)P dies.