Md. Code Regs. 22.01.07.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 22.01.07.02 - Designation of Beneficiary Form

A. Completion and Filing of Designation of Beneficiary Form.

(1) A member, former member, or retiree may designate a beneficiary to receive a survivor benefit by properly completing the appropriate form that the Retirement Agency provides and filing it with the Retirement Agency.

(2) A designation of beneficiary form is properly completed if it is completed in accordance with the form's instructions, dated, signed by the member, former member, or retiree, and properly acknowledged by a notary public.

(3) Filing a Designation of Beneficiary Form.

(a) A designation of beneficiary form is filed on the date that it is received by the Retirement Agency.

(b) A designation of beneficiary form is not considered filed if it is submitted to the employing agency of a member, former member, or retiree.

B. Designation of Multiple Beneficiaries.

(1) Except as provided in §B(2) of this regulation, a member, former member, or retiree may designate multiple beneficiaries on the designation of beneficiary form to receive the survivor benefit in equal shares.

(2) Subject to State Personnel and Pensions Article, § 21-402(b)(2), Annotated Code of Maryland, for an optional form of allowance providing for payment to a designated beneficiary for life, a retiree may designate only one individual.

C. On the death of a member, former member, or retiree, the Retirement Agency shall use the last designation of beneficiary form properly completed and filed with the Retirement Agency by the member, former member, or retiree on or before the date of death to ascertain who is entitled to receive the survivor benefit.

D. The Board of Trustees is not liable for an improper payment if the Board of Trustees pays the survivor benefit in accordance with the last designation of beneficiary form filed on or before the date of death of the member, former member, or retiree.

E. Change of Designation of Beneficiary Form.

(1) Except as provided in §E(2) of this regulation, a member, former member, or retiree may change the designation of beneficiary at any time before the death of the member, former member, or retiree.

(2) Change of Designation of Beneficiary by Retiree Under Optional Forms of Allowance 2, 3, 5, or 6.

(a) This subsection applies only to a retiree who elected an optional form of allowance providing for payment to a designated beneficiary for life.

(b) Before a retiree may change the retiree's designated beneficiary, the retiree shall first request a recalculation of the amount of the retiree's allowance based on the new proposed beneficiary.

(c) The submission of a request for recalculation pursuant to §E(2)(b) of this regulation does not change the retiree's designation of beneficiary.

(d) Upon receipt of a request for recalculation pursuant to §E(2)(b) of this regulation, the Retirement Agency will provide the retiree with the following:

(i) A written estimate of the retiree's recalculated allowance based on the new proposed beneficiary; and

(ii) A form that may be used by the retiree to change the retiree's designation of beneficiary to the new proposed beneficiary.

(e) A retiree may not change the retiree's designated beneficiary until after receipt of the items specified in §E(2)(d) of this regulation.

Md. Code Regs. 22.01.07.02

Regulation .02 amended effective 46:3 Md. R. 106, eff. 2/11/2019