---
kind: "range"
citation: "29 C.F.R. §§ 4022.101–4022.104"
title: "29"
from: "4022.101"
to: "4022.104"
count: 4
url: "https://uscodex.org/cfr/29/4022.101..4022.104"
---

# §4022.101. When do these rules apply?

- (a) **In general.** These rules ([§§ 4022.101 through 4022.104](/cfr/29/4022.101..4022.104.md)) 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)](#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](/cfr/29/4022.91..4022.95.md) for rules that apply to benefits we may owe you at the time of your death, such as a correction for monthly underpayments.

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


You need to know three definitions from [§ 4001.2](/cfr/29/4001.2.md) 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)](#1) of this definition.

# §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?


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](/cfr/29/4022.93.md).


# §4022.104. Examples.


The following examples show how the rules in §§ [4022.101 through 4022.103](/cfr/29/4022.101..4022.103.md) and [4022.91 through 4022.94](/cfr/29/4022.91..4022.94.md) apply in the case of a certain-and-continuous annuity.