Montana Code 2-18-1313. Death benefits
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2-18-1313. Death benefits. (1) Upon proof of a participant‘s death, if the deceased participant’s account retains funds, the participant’s surviving spouse or dependent is entitled to use the account for qualified health care expenses incurred by the participant until the participant’s death or incurred by the surviving spouse or a surviving dependent until loss of tax-qualified status.
Terms Used In Montana Code 2-18-1313
- account: means an account established for the payment of qualified health care expenses under the plan. See Montana Code 2-18-1303
- Department: means the department of administration established in 2-15-1001. See Montana Code 2-18-1303
- Dependent: A person dependent for support upon another.
- Dependent: means the tax-qualified dependent or child of the participant as determined under section 105(b) of the Internal Revenue Code, 26 U. See Montana Code 2-18-1303
- Participant: means a member who terminates employment and for whom an account is established. See Montana Code 2-18-1303
- Qualified health care expenses: means expenses paid by a participant for medical care, as defined by 26 U. See Montana Code 2-18-1303
(2)The department shall prescribe by rule the disposition of a deceased participant’s account if the participant has no surviving spouse or dependent.