Central Provident Fund (Minimum Sum Scheme Nominations) (Amendment) Rules 2010

Status:

Published in Subsidiary Legislation Supplement
on 01 Mar 2010

No. S 123

Central Provident Fund Act

(Chapter 36)

Central Provident Fund (Minimum Sum Scheme Nominations) (Amendment) Rules 2010

In exercise of the powers conferred by sections 15(6A), 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 (Minimum Sum Scheme Nominations) (Amendment) Rules 2010 and shall come into operation on 1st March 2010.

Amendment of rule 2

2. Rule 2 the Central Provident Fund (Minimum Sum Scheme Nominations) Rules (R 8) (referred to in these Rules as the principal Rules) is amended by deleting the word “desire” and substituting the words “make a joint application to the Board”.

Deletion and substitution of rules 3, 4 and 5

3. Rules 3, 4 and 5 of the principal Rules are deleted and the following rules substituted therefor:

“Nomination by party to marriage

3. Subject to rule 4 —

(a)

a nomination under rule 2 shall be made by both parties to the marriage executing a memorandum in Form A or 1A set out in the Schedule; and

(b)

the nomination under rule 2 made by each party to the marriage shall —

(i)	be signed by that party in the presence of 2 witnesses; and
(ii)	contain an attestation by those witnesses to that party’s signature on the nomination.

Nomination on behalf of party to marriage

4.—(1) This rule applies where a party to the marriage 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 15(6A) of the Act, on the party’s behalf, of a memorandum referred to in rule 3(a).

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

(3) Any nomination under rule 2 made on behalf of the party in pursuance of the order must —

(a)	be in Form 1A set out in the Schedule;
(b)	state that it is signed by the party acting by the authorised person;
(c)	be signed by the authorised person with the names of the party and the authorised person, in the presence of 2 witnesses;
(d)	contain an attestation by those witnesses to the signature of the authorised person on the nomination; and
(e)	be sealed with the official seal of the court.

(4) A nomination under rule 2 made in accordance with this rule has the same effect for all purposes as if —

(a)	the party had the capacity to make a nomination under that rule and section 15(6A) of the Act; and
(b)	the nomination had been made by the party in accordance with rule 3.

Parties to marriage not to be witnesses

5. Each party to the marriage shall not attest the signature on the nomination under rule 2 made by or on behalf of the other party to the marriage in accordance with rule 3 or 4 (as the case may be).”.

Amendment of rule 6

4. Rule 6 of the principal Rules is amended —

(a)	by deleting the words “the signature of a party to a marriage” and substituting the words “a signature”; and
(b)	by deleting the words “is of sound mind” in paragraph (a) 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 7

5. Rule 7 of the principal Rules is amended —

(a)

by deleting the word “A” in paragraph (1) and substituting the words “Subject to paragraph (3), a”;

(b)

by deleting the words “made under rule 2 by” in paragraph (1) and substituting the words “under rule 2 made in respect of”;

(c)

by deleting sub-paragraph (ii) of paragraph (1)(b) and substituting the following sub-paragraph:

“(ii)

mentally disordered and incapable of managing himself or themselves, or his or their affairs;”; and

(d)

by inserting, immediately after paragraph (2), the following paragraph:

“(3) Where either party to a marriage (referred to in this paragraph as the relevant party) lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), a nomination under rule 2 made in respect of both parties to the marriage may be revoked, without an application under paragraph (1), if —

(a)	any ground for the revoking of the nomination specified in paragraph (1)(a) or (b)(i), (ii), (iii) or (iv) is satisfied;
(b)	the court makes an order under section 20(2)(a) of the Mental Capacity Act 2008 providing for the revoking, on the relevant party’s behalf, of the nomination; and
(c)	a copy of the order (sealed with the official seal of the court) is received by the Board during the lifetime of the relevant party.”.

Amendment of Schedule

6. The Schedule to the principal Rules is amended by deleting the Schedule reference and substituting the following Schedule reference:

“Rules 3(a) and 4(3)(a)”.

[G.N. No. S 178/2009]

Made this 25th day of February 2010.

KOH YONG GUAN

Chairman,
Central Provident Fund Board,
Singapore.

[MMS 7/68 V54; AG/LLRD/SL/36/2010/8 Vol. 1]

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

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