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The Local Government Superannuation (Scotland) Amendment (No.4) Regulations 1997

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Nomination of beneficiary of death gratuity

18.  After regulation E11 there shall be inserted–

Nomination of beneficiary of death gratuity

E11ZA.(1) Subject to paragraph (6), the administering authority shall have power, at their discretion, to pay or apply the whole or any part of the lump sum death gratuity payable under regulation E11 to or for the benefit of all or any of the surviving spouse, children, dependants, relatives, executors or nominated beneficiaries of the deceased in such shares as the administering authority shall in their absolute discretion decide.

(2) The administering authority may, but without being in any way bound to do so, have regard to any nomination made by the deceased.

(3) A nomination shall be made by notice in writing to the administering authority in such form as the administering authority may from time to time require and shall be revocable in the same manner.

(4) A nomination shall be revoked by any subsequent nomination which complies with the requirements referred to in paragraph (3).

(5) If not previously revoked, a nomination shall cease to have effect on the marriage of the person who made the nomination.

(6) If or to the extent that the lump sum death gratuity has not been paid by the expiry of the period of two years following the person’s death, it shall be paid by the administering authority to his executors.

(7) For the purposes of this regulation–

(a)“nominated beneficiary” means an individual or an unincorporated or incorporated body nominated by the deceased in any nomination made by him in respect of the lump sum death gratuity which was in force at the time of his death; and

(b)“relative” means any living individual who is–

(i)a parent of the deceased or the spouse or surviving spouse of any such person;

(ii)the child or remoter issue of such parent or the spouse or surviving spouse of any such person; or

(iii)a former spouse of the deceased..

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