---
kind: "section"
citation: "29 C.F.R. § 4022.101"
title: "29"
number: "4022.101"
heading: "When do these rules apply?"
url: "https://uscodex.org/cfr/29/4022.101"
---

# §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.

## Notes

### 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.