19-20-1007. Requirements for beneficiary designation to be effective. (1) To be accepted as an effective beneficiary designation, the beneficiary designation record must:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 19-20-1007

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary designation: means the process that the retirement system prescribes pursuant to this chapter by which a person authorized by law designates one or more beneficiaries. See Montana Code 19-20-101
  • Beneficiary designation record: means either the hard copy form or electronic record prescribed by the retirement system and used by a person authorized by law to designate one or more beneficiaries. See Montana Code 19-20-101
  • Designated beneficiary: means one or more primary beneficiaries or contingent beneficiaries designated pursuant to 19-20-1006. See Montana Code 19-20-101
  • Member: means a person who has an individual account in the annuity savings account. See Montana Code 19-20-101
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202

(a)be made on a paper form or by an electronic process prescribed by the retirement system specifically for the designation of beneficiaries;

(b)if submitted electronically, include the certified digital signature of the member or, if submitted on a paper form, be signed by the member and notarized;

(c)specifically identify each eligible beneficiary intended to be designated as a beneficiary;

(d)include all required information and supporting documentation for each designated beneficiary;

(e)comply with all other stated requirements and limitations; and

(f)be submitted to the retirement system while the member is still alive.

(3)(a) The retirement system is not responsible for verifying beneficiary information provided by a designator.

(b)The retirement system may accept or decline a beneficiary designation record pending receipt of required supporting documentation. However, if the retirement system accepts a beneficiary designation record pending receipt of supporting documentation, the beneficiary designation is not effective unless the retirement system receives all required supporting documentation within the required timeframe.

(c)If multiple beneficiaries are designated on a beneficiary designation record and the retirement system accepts the beneficiary designation as effective but later determines that one or more of the beneficiaries was not effectively designated or is not an eligible beneficiary at the time payment is to be made, the beneficiary designation will remain in effect with the ineffectively designated or ineligible beneficiaries deemed to have predeceased the member.