Central Provident Fund (Nominations) (Amendment) Rules 2010

No. S 122

Central Provident Fund Act

(Chapter 36)

Central Provident Fund (Nominations) (Amendment) Rules 2010

In exercise of the powers conferred by sections 25(1) and (5)(b) and 77(2)(ea) and (k) of the Central Provident Fund Act, the Central Provident Fund Board hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Central Provident Fund (Nominations) (Amendment) Rules 2010 and shall come into operation on 1st March 2010.

Deletion and substitution of rules 2, 3 and 4

2. Rules 2, 3 and 4 of the Central Provident Fund (Nominations) Rules (R 1) (referred to in these Rules as the principal Rules) are deleted and the following rules substituted therefor:

“Nomination by member

2.—(1) Subject to these Rules, a member may, by executing a memorandum in Form A, 1A, 2A, 3A, 4A or 5A set out in the Schedule, nominate any person to receive the whole or any portion of —

(a)	the amount payable on the death of the member out of the Fund under section 20(1) of the Act; or
(b)	any shares designated under section 26(1) of the Act.

(2) Every nomination made under paragraph (1) shall —

(a)	be signed by the member in the presence of 2 witnesses; and
(b)	contain an attestation by those witnesses to the signature of the member.

Nomination on behalf of member

3.—(1) This rule applies where a member lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), and the court makes an order under section 20(2)(a) of the Mental Capacity Act 2008 in relation to the executing under section 25(1) of the Act, on the member’s behalf, of a memorandum nominating any person specified in the order to receive the whole or any portion of —

(a)	the amount payable on the death of the member out of the Fund under section 20(1) of the Act; or
(b)	any shares designated under section 26(1) of the Act.

(2) The order must authorise a person (referred to in this rule as the authorised person) to execute the memorandum on the member’s behalf.

(3) Any nomination made in pursuance of the order must —

(a)	be in Form 5A set out in the Schedule;
(b)	state that it is signed by the member acting by the authorised person;
(c)	be signed by the authorised person with the names of the member and the authorised person, in the presence of 2 witnesses;
(d)	contain an attestation by those witnesses to the signature of the authorised person; and
(e)	be sealed with the official seal of the court.

(4) A nomination made in accordance with this rule is subject to these Rules, and has the same effect for all purposes as if —

(a)	the member had the capacity to make a nomination under section 25(1) of the Act; and
(b)	the nomination had been made by the member in accordance with rule 2.

Nominations to receive minimum sum to take precedence

4. A nomination made by or on behalf of a member in accordance with rule 2 or 3 (as the case may be), whether made before, on or after 1st July 1995, shall be subject to any nomination made by or on behalf of the member in accordance with the Central Provident Fund (Minimum Sum Scheme Nominations) Rules (R 8).”.

Amendment of rule 6

3. Rule 6 of the principal Rules is amended by deleting the words “of the member”.

Amendment of rule 7

4. Rule 7 of the principal Rules is amended —

(a)

by deleting the words “by a member” and substituting the words “by or on behalf of a member in accordance with rule 2 or 3 (as the case may be)”; and

(b)

by deleting paragraphs (c) and (d) and substituting the following paragraphs:

“(c)

by written notice of revocation made and given by him in accordance with rule 8;

(d)

by a subsequent nomination made by him or on his behalf in accordance with rule 2 or 3 (as the case may be); or

(e)

where he lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), if —

(i)	the court makes an order under section 20(2)(a) of the Mental Capacity Act 2008 providing for the revoking, on his behalf, of the nomination; and
(ii)	a copy of the order (sealed with the official seal of the court) is received by the Board during his lifetime.”.

Amendment of rule 8

5. Rule 8 of the principal Rules is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) For the purposes of rule 7(c), a notice of revocation given by a member shall —

(a)	be made in Form B, 1B, 2B or 3B set out in the Schedule;
(b)	be signed by the member in the presence of 2 witnesses; and
(c)	contain an attestation by those witnesses to the signature of the member.”.

Amendment of rule 9

6. Rule 9 of the principal Rules is amended —

(a)	by deleting the words “of the member”; and
(b)	by deleting the words “is of sound mind” and substituting the words “does not lack capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008)”.

Amendment of rule 11

7. Rule 11 of the principal Rules is amended by deleting the words “a nominator” and substituting the words “the member”.

Amendment of Schedule

8. The Schedule to the principal Rules is amended —

(a)

by inserting, immediately before Form A, the following Schedule reference:

“Rules 2(1), 3(3)(a) and 8(1)(a)”; and

(b)

by deleting the Schedule references for Forms A, 1A, 2A, B and 1B.

[G.N. Nos. S 591/2000; S 495/2006; S 714/2007; S 177/2009]

Made this 25th day of February 2010.

KOH YONG GUAN

Chairman,
Central Provident Fund Board,
Singapore.

[MMS 7/68 V54; AG/LLRD/SL/36/2010/7 Vol. 1]

(To be presented to Parliament under section 78(2) of the Central Provident Fund Board Act).

Search within Legislation