[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR4022.95]

[Page 809-810]
 
                             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. 4022.95  Examples.

    The following examples show how the rules in Sec. Sec. 4022.91 
through 4022.94 apply. For examples on how these rules apply in the case 
of a certain-and-continuous annuity, see Sec. 4022.104.
    At the time of his death, Charlie was receiving payments under a 
joint-and-survivor annuity. Charlie designated Ellen to receive survivor 
benefits under his joint-and-survivor annuity. We underpaid Charlie for 
periods before his death. At the time of his death, we owed Charlie a 
back payment to reimburse him for those underpayments.
    (a) Example 1: where surviving beneficiary is alive at participant's 
death. Ellen survived Charlie. As explained in Sec. 4022.91(b), because 
Ellen is entitled to survivor benefits under the joint-and-survivor 
annuity, we would pay Ellen the back payment.

[[Page 810]]

    (b) Example 2: where surviving beneficiary predeceases participant. 
Ellen died before Charlie. As explained in Sec. Sec. 4022.91(b) and 
4022.93, because benefits do not continue after Charlie's death under 
the joint-and-survivor annuity, we would pay the back payment to the 
person(s) Charlie designated to receive any payments we might owe him at 
the time of his death. If Charlie did not designate anyone to receive 
those payments or his designee died before him, we would pay the back 
payment to the person(s) surviving Charlie in the following order: 
spouse, children, parents, estate and next of kin.