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 —

(a)

by executing a memorandum in Form A, 1A, 2A, 3A, 4A, 5A, 6A(1) or 6A(2) set out in the Schedule, nominate any person to receive the whole or any portion of —

(i)	the amount payable on the member’s death out of the Fund under section 20(1)(b) or (1A) of the Act by the payment of that portion to that person; or
(ii)	any shares designated under section 26(1) of the Act; or

(b)

by executing a memorandum in Form 6A(2) set out in the Schedule, nominate any person, being a citizen or permanent resident of Singapore at the time the Board is satisfied that the memorandum is duly executed, to receive the whole or any portion of —

(i)

the amount payable on the member’s death out of the Fund under section 20(1)(b) or (1A) of the Act —

(A)	subject to sub-paragraph (B), by the transfer of that portion to that person’s accounts in the Fund in such manner as the member may specify in the memorandum; or
(B)	if that portion exceeds such maximum amount as the Minister may determine, by the transfer of that maximum amount to that person’s accounts in the Fund in such manner as the member may specify in the memorandum, and by the payment of the excess to that person; or

(ii)

any shares designated under section 26(1) of the Act.

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

(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 (Cap. 177A), and the court makes an order under section 20(2)(a) of the Mental Capacity Act 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)(b) or (1A) 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)

in the case of a nomination made before 1st January 2011 —

(i)	be in Form 5A set out in the Schedule;
(ii)	state that it is signed by the member acting by the authorised person;
(iii)	be signed by the authorised person with the names of the member and the authorised person, in the presence of 2 witnesses;
(iv)	contain an attestation by those witnesses to the signature of the authorised person; and
(v)	be sealed with the official seal of the court; or

(b)

in any other case —

(i)	be in Form 6A(1) or 6A(2) set out in the Schedule; and
(ii)	be supplemented with Form C set out in the Schedule. [S 814/2010 wef 01/01/2011]

(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).

Nominees and shares

5.—(1) 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.

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

(2) Where a nomination directs that 2 or more nominees shall take any shares in an approved corporation designated under section 26(1) of the Act in such portions as are specified in the nomination, and the distribution of those shares to those nominees in those portions will give rise to fractions of shares, the Board shall —

(a)	distribute to those nominees in those portions only such of those shares the distribution in those portions of which will not give rise to fractions of shares; and
(b)	transfer the remaining shares to the surviving nominee who is first-named in the nomination. [S 814/2010 wef 01/01/2011]

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;

(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 (Cap. 177A), if —

(i)	the court makes an order under section 20(2)(a) of the Mental Capacity Act providing for the revoking, on his behalf, of the nomination; and [S 814/2010 wef 01/01/2011]
(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.

(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 (Cap. 177A), 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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