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(1) A decedent's warrant is a legally binding document which permits a state employee to designate a person to receive the employee's pay, benefits, and/or travel allowances due at the time of the employee's death. Anyone, including a minor, may be designated as the person to receive a decedent's warrant.

(2) Warrants for money due the employee or the estate will be reissued in the name of the designated person and will be delivered to that person without recourse to estate administration procedures if the properly completed form is on file with the employing agency at the time of the employee's death.

(3) Only one warrant will be issued by the department of administration as a replacement for each warrant the decedent would have received.

(4) The "designation of person authorized to receive decedent's warrants" form is required. Instructions are printed on the form and must be reviewed for accuracy by the employing agency.

(5) An employee may change a designation at any time by filing a new designation form. Upon termination and after all salary, benefits, and travel warrants made payable to the employee have been delivered to the employee and paid, the designation must be automatically canceled and filed in the employee's personnel file.

(6) Upon the death of an employee, the employing agency completes the information on the designation form (employee's name, date of death, and signature of certifying officer) . If the employee has completed an older form that does not have this information printed on the side, this information must be typed on the right-hand margin. The employing agency keeps the original of the designation form on file at all times. Two photocopies of the designation form must be sent to the department of administration with each unnegotiated warrant. The designation form and unnegotiated warrants may not be sent to central payroll.

(7) When an employee paid through electronic fund transfer dies, the last regularly occurring pay warrant will be electronically deposited into the employee's checking or savings account. The final remittance for any unpaid wages, benefits and/or travel claims will be generated as a warrant and delivered to the designee.

(8) Applicable warrants are to be identified by number, date, and amount on the reverse side of the original designation. After all warrants have been delivered to the designee, the designation must be canceled and filed.

(9) Warrants must be delivered to a designee by the department of administration and accompanied by a photocopy of the designation on file.

(10) Neither refund of retirement contributions nor payment of death benefits is covered by the designation of decedent's warrant.

History: 2-18-401, MCA; IMP, 2-18-412, MCA; NEW, 1997 MAR p. 2278, Eff. 12/16/97.

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