[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: 29CFR4022.93]

[Page 791-792]
 
                             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. 4022.93  Who will get benefits the PBGC may owe me at the time of 
my death?

    (a) In general. Except as provided in paragraphs (b) and (c) of this 
section (which explain what happens if you die before the date we take 
over your plan or within 180 days after the date we take over your 
plan), we will pay any benefits we owe you at the time of your

[[Page 792]]

death to the person(s) surviving you in the following order--
    (1) Designee with the PBGC. The person(s) you designated with us to 
get any benefits we may owe you at the time of your death. See Sec. 
4022.94 for information on designating with us.
    (2) Spouse. Your spouse. We will consider a person to whom you are 
married to be your spouse even if you and that person are separated, 
unless a decree of divorce or annulment has been entered in a court.
    (3) Children. Your children and descendants of your deceased 
children.
    (i) Adopted children. In determining who is a child or descendant, 
an adopted child is treated the same way as a natural child.
    (ii) Child dies before parent. If one of your children dies before 
you, any of your grandchildren through that deceased child will equally 
divide that deceased child's share; if one of your grandchildren through 
that deceased child dies before that deceased child, any of your great-
grandchildren through that deceased grandchild will equally divide that 
deceased grandchild's share; and so on.
    (4) Parents. Your parents. A parent includes an adoptive parent.
    (5) Estate. Your estate, provided your estate is open.
    (6) Next of kin. Your next of kin in accordance with applicable 
state law.
    (b) Pre-trusteeship deaths. If you die before the date we take over 
your plan and, by that date, the plan administrator has not paid all 
benefits owed to you at the time of your death, we will pay any benefits 
we owe you at the time of your death to the person(s) designated by or 
under the plan to get those benefits (provided the designation clearly 
applies to those benefits). If there is no such designation, we will pay 
those benefits to your spouse, children, parents, estate, or next of kin 
under the rules in paragraphs (a) (2) through (a)(6) of this section.
    (c) Deaths shortly after trusteeship. If you die within 180 days 
after the date we take over your plan and you have not designated anyone 
with the PBGC under paragraph (a)(1) of this section, we will pay any 
benefits we owe you at the time of your death to the person(s) 
designated by or under the plan to get those benefits (provided the 
designation clearly applies to those benefits) before paying those 
benefits to your spouse, children, parents, estate, or next of kin under 
the rules in paragraphs (a) (2) through (a)(6) of this section.