Central Provident Fund (Retirement Sum Scheme Nominations) Rules

Central Provident Fund Act

(CHAPTER 36, Sections 25(1) and 77(2))

R 8

G.N. No. S 374/2006

REVISED EDITION 2006

(30th November 2006)

[1st July 2006]

Citation

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

[S 662/2016 wef 01/01/2017]

Parties to marriage may nominate each other to receive retirement sum

2. Subject to these Rules, where 2 parties to a marriage who are members of the Fund make before 1st January 2013 a joint application to the Board to set aside jointly an amount which is less than 2 times the retirement sum under section 15(6A) of the Act, unless the Board specifies otherwise, each party shall nominate the other party to receive, on his death, the amount of the retirement sum belonging to him.

[S 123/2010 wef 01/03/2010]

[S 698/2012 wef 01/01/2013]

[S 662/2016 wef 01/01/2017]

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 before 1st January 2013 by that party in the presence of 2 witnesses; and [S 698/2012 wef 01/01/2013]
(ii)	contain an attestation made before 1st January 2013 by those witnesses to that party’s signature on the nomination. [S 123/2010 wef 01/03/2010] [S 698/2012 wef 01/01/2013]

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 before 1st January 2013 by the authorised person with the names of the party and the authorised person, in the presence of 2 witnesses; [S 698/2012 wef 01/01/2013]
(d)	contain an attestation made before 1st January 2013 by those witnesses to the signature of the authorised person on the nomination; and [S 698/2012 wef 01/01/2013]
(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. [S 123/2010 wef 01/03/2010]

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).

[S 123/2010 wef 01/03/2010]

Qualification of witness

6. No person shall attest a signature on a nomination under rule 2 unless —

(a)	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 [S 123/2010 wef 01/03/2010]
(b)	he is an employee of the Board. [S 123/2010 wef 01/03/2010]

Application to revoke nomination

7.—(1) Subject to paragraph (3), a nomination under rule 2 made in respect of both parties to a marriage may be revoked, on the application of either party, if —

(a)

the marriage is dissolved; or

(b)

the Board is satisfied that either or both parties are —

(i)

physically or mentally incapacitated —

(A)	from ever continuing in any employment; or
(B)	in such other manner as the Minister may approve;

(ii)

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

[S 123/2010 wef 01/03/2010]

(iii)

suffering from a medical condition leading to a severely impaired life expectancy; or

(iv)

suffering from a terminal illness or disease.

[S 123/2010 wef 01/03/2010]

(2) An application under paragraph (1) shall be made in such form as the Board may require.

(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. [S 123/2010 wef 01/03/2010]

Savings provision

8. Every nomination made under the revoked Central Provident Fund (Minimum Sum Scheme Nominations) Rules (R 8, 1998 Ed.) shall be deemed to be made under these Rules.

[G.N. No. S 374/2006]

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