[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4022.91]

[Page 791]
 
                             TITLE 29--LABOR
 
            CHAPTER XL--PENSION BENEFIT GUARANTY CORPORATION
 
PART 4022_BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS
--Table of Contents
 
               Subpart F_Certain Payments Owed Upon Death
 
Sec. 4022.91  When do these rules apply?

    Source: 67 FR 16957, Apr. 8, 2002, unless otherwise noted.


    (a) Types of benefits. Provided the conditions in paragraphs (b) and 
(c) of this section are satisfied, these rules (Sec. Sec. 4022.91 
through 4022.95) apply to any benefits we may owe you (including 
benefits we owe you because your plan owed them) at the time of your 
death, such as a payment of a lump-sum benefit that we calculated as of 
your plan's termination date but have not yet paid you or a back payment 
to reimburse you for monthly underpayments. We may owe you benefits at 
the time of your death if--
    (1) You are a participant in a terminated plan;
    (2) You are a beneficiary (including an alternate payee) of a 
participant; or
    (3) You are a designee or other payee (e.g., a participant's next of 
kin) under these rules, as explained in Sec. 4022.93.
    (b) Payments do not continue after death. These rules apply only if 
payments do not continue after your death. (If payments continue after 
your death, we will make up any underpayment to you at the time of your 
death under the rule in Sec. 4022.81(d)(2)(i) by paying it to the 
person who is entitled to receive those continuing payments.) Payments 
do not continue after your death if--
    (1) Your benefit is not in the form of a joint-and-survivor or other 
annuity under which payments may continue after your death (e.g., a 
certain-and-continuous annuity);
    (2) Your benefit is in the form of a joint-and-survivor annuity and 
the person designated to receive survivor benefits died before you; or
    (3) Your benefit is in the form of another type of annuity under 
which payments may continue after your death (e.g., a certain-and-
continuous annuity) but you die with no payments owed for future 
periods.
    (c) Time of death. These rules apply only if you die--
    (1) On or after the date we take over your plan (as trustee); or
    (2) Before the date we take over your plan, to the extent that, by 
that date, the plan administrator has not paid all benefits owed to you 
at the time of your death.
    (d) Effect of plan or will. These rules apply even if there is a 
contrary provision in a plan or will.