Central Provident Fund (Nominations) Rules

Central Provident Fund Act

(Chapter 36, Sections 25(1) and 77(2)(k))

R 1

G.N. No. S 318/1986

REVISED EDITION 1998

(1st January 1998)

[1st January 1987]

Citation

1. These Rules may be cited as the Central Provident Fund (Nominations) Rules.

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. [S 122/2010 wef 01/03/2010]

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 [S 814/2010 wef 01/01/2011]
(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).

[S 122/2010 wef 01/03/2010]

Nominees and shares

5. A nomination may be in favour of one person or of several persons (who shall be clearly designated in the nomination), and, where there is more than one nominee, may direct that the nominees shall take the money or any shares in an approved corporation designated under section 26(1) of the Act in specified shares.

Witness not to be beneficiary

6. A person who attests the signature to a nomination shall not take any benefit thereunder.

[S 122/2010 wef 01/03/2010]

Revocation of nomination

7. Any nomination made by or on behalf of a member in accordance with rule 2 or 3 (as the case may be) shall be revoked —

(a)

in accordance with section 25(5)(a) of the Act, by his marriage, whether the marriage was contracted before, on or after 15th May 1980;

(b)

by the death, in his lifetime, of the nominee or, where there is more than one nominee, of all the nominees;

(c)

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

[S 122/2010 wef 01/03/2010]

(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

[S 122/2010 wef 01/03/2010]

(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.

Notice of revocation of nomination

8.—(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. [S 122/2010 wef 01/03/2010]

(2) The notice shall be of no effect unless it is received by the Board during the lifetime of the member.

Qualification of witnesses

9. No person shall attest the signature to a nomination or notice of revocation unless he has attained the age of 21 years and does not lack capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008), or unless he is an employee of the Board.

[S 122/2010 wef 01/03/2010]

[S 814/2010 wef 01/01/2011]

Multiple nominees

10. Where there is more than one nominee and a nominee dies before the member, his share of the moneys or any shares in an approved corporation designated under section 26(1) of the Act shall pass to the surviving nominees and shall be shared among them in the same proportion as the respective shares of the surviving nominees bear to each other.

Public notice

11. Upon the death of the member, the Board may, before paying any nominee the amount or any shares in an approved corporation designated under section 26(1) of the Act due to him according to the directions of the nomination, give one month’s notice of its intention to do so in one or more daily newspapers.

[S 122/2010 wef 01/03/2010]

Saving

12. Any nomination made by a member under the Central Provident Fund Rules (R 3) and received by the Board prior to 1st January 1987 shall, if valid immediately before that date, be deemed to be a nomination made under these Rules.

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