---
kind: "section"
citation: "5 C.F.R. § 1651.17"
title: "5"
number: "1651.17"
heading: "Disclaimer of benefits."
url: "https://uscodex.org/cfr/5/1651.17"
---

# §1651.17. Disclaimer of benefits.

- (a) **Right to disclaim.** The beneficiary of a TSP account may disclaim his or her right to receive all or part of a TSP death benefit. If the disclaimant is a minor, the parent or guardian of the minor must sign the disclaimer.
- (b) **Valid disclaimer.** The disclaimer must expressly state that the beneficiary is disclaiming his or her right to receive either all or a stated percentage of the death benefit payable from the TSP account of the named participant and must be:
  - (1) Submitted in writing;
  - (2) Signed or acknowledged, in the presence of a notary, by the person (or legal representative) disclaiming the benefit; and
  - (3) **Received before the TSP pays the death benefit.**
- (c) **Invalid disclaimer.** A disclaimer is invalid if it:
  - (1) Is revocable;
  - (2) Directs to whom the disclaimed benefit should be paid; or
  - (3) **Specifies which balance (traditional, Roth, or tax-exempt) is to be disclaimed.**
- (d) **Disclaimer effect.** The disclaimed share will be paid as though the beneficiary predeceased the participant, according to the rules set forth in [§ 1651.10](/cfr/5/1651.10.md). Any part of the death benefit which is not disclaimed will be paid to the disclaimant pursuant to [§ 1651.14](/cfr/5/1651.14.md).

## Notes

### Amendments

[68 FR 35510, June 13, 2003, as amended at 75 FR 44066, July 28, 2010; 77 FR 26428, May 4, 2012]

### Authority

Authority: 5 U.S.C. 8424(d), 8432d, 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and 8474(c)(1).

### Source

Source: 62 FR 32429, June 13, 1997, unless otherwise noted.

### Amendments

[68 FR 35510, June 13, 2003, as amended at 75 FR 44066, July 28, 2010; 77 FR 26428, May 4, 2012]