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29 C.F.R. §§ 4022.101–4022.104

4 sections in range

§4022.101. When do these rules apply?

29 C.F.R. § 4022.101

(a)
In general. These rules (§§ 4022.101 through 4022.104) apply only if you die—
(1)
Required payments for future periods. Without having received all required payments for future periods under a form of annuity promising that, regardless of a participant's death, there will be annuity payments for a certain period of time (e.g., a certain-and-continuous annuity) or until a certain amount is paid (e.g., a cash-refund annuity or installment-refund annuity);
(2)
No surviving beneficiary. Without a surviving beneficiary designated to receive the payments described in paragraph (a)(1) of this section; and
(3)
Time of death.
(i)
On or after the date we take over your plan (as trustee); or
(ii)
Before the date we take over your plan, to the extent that, by that date, the plan administrator has not paid any required payments for future periods.
(b)
Effect of plan or will. These rules apply even if there is a contrary provision in a plan or will.
(c)
Payments owed at time of death. See §§ 4022.91 through 4022.95 for rules that apply to benefits we may owe you at the time of your death, such as a correction for monthly underpayments.
Notes, amendments, and revision history

Source

Source: 67 FR 16958, Apr. 8, 2002, unless otherwise noted.

Authority

Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

Source

Source: 61 FR 34028, July 1, 1996, unless otherwise noted.

§4022.102. What definitions do I need to know for these rules?

29 C.F.R. § 4022.102

You need to know three definitions from § 4001.2 of this chapter (PBGC, person, and plan) and the following definitions:

“We” means the PBGC.

“You” means the person who might die—

(1)
Without having received all required payments for future periods under a form of annuity promising that, regardless of a participant's death, there will be annuity payments for a certain period of time (e.g., a certain-and-continuous annuity) or until a certain amount is paid (e.g., a cash-refund annuity or installment-refund annuity); and
(2)
Without a surviving beneficiary designated to receive the payments described in paragraph (1) of this definition.
Notes, amendments, and revision history

Source

Source: 67 FR 16958, Apr. 8, 2002, unless otherwise noted.

Authority

Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

Source

Source: 61 FR 34028, July 1, 1996, unless otherwise noted.

§4022.103. Who will get benefits if I die when payments for future periods under a certain-and-continuous or similar annuity are owed upon my death?

29 C.F.R. § 4022.103

If you die at a time when payments are owed for future periods under a form of annuity promising that, regardless of a participant's death, there will be annuity payments for a certain period of time (e.g., a certain-and-continuous annuity) or until a certain amount is paid (e.g., a cash-refund annuity or installment-refund annuity), and there is no surviving beneficiary designated to receive such payments, we will pay the remaining payments to the person determined under the rules in § 4022.93.
Notes, amendments, and revision history

Source

Source: 67 FR 16958, Apr. 8, 2002, unless otherwise noted.

Authority

Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

Source

Source: 61 FR 34028, July 1, 1996, unless otherwise noted.

§4022.104. Examples.

29 C.F.R. § 4022.104

The following examples show how the rules in §§ 4022.101 through 4022.103 and 4022.91 through 4022.94 apply in the case of a certain-and-continuous annuity.
Notes, amendments, and revision history

Source

Source: 67 FR 16958, Apr. 8, 2002, unless otherwise noted.

Authority

Authority: 29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

Source

Source: 61 FR 34028, July 1, 1996, unless otherwise noted.