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2.43.1046    DISTRIBUTION UPON DEATH OF PARTICIPANT

(1) If a Defined Contribution Retirement Plan participant dies prior to the start of the distribution of the participant's benefits, the participant's beneficiary has the same payment options as the participant would have had.

(a) Those payment options include:

(i) a lump sum distribution of the participant's vested accounts, less applicable taxes;

(ii) a direct trustee-to-trustee rollover of the participant's vested accounts to an eligible retirement plan, an individual retirement account, or an annuity;

(iii) a regular rollover of the participant's vested accounts to an eligible retirement plan;

(iv) periodic payments of a fixed amount;

(v) periodic payments based on the beneficiary's life expectancy, determined annually; or

(vi) a life contingent annuity.

(b) No payment option may be selected unless the amounts payable to the beneficiary are expected to be at least equal to the minimum distribution required under section 401(a)(9) of the Internal Revenue Code and satisfy the minimum distribution incidental benefit requirements of section 401(a)(9)(G) of the Internal Revenue Code.

(c) The beneficiary must select the payment option prior to 60 days after the receipt by the board of the satisfactory proof of the participant's death.

(d) If the beneficiary does not select a payment option, the vested accounts will be paid in a lump sum, less applicable taxes.

(2) Unless the participant's beneficiary is the participant's spouse, the payment of benefits must start within 60 days after receipt by the board of satisfactory proof of the participant's death.

(3) If the beneficiary is the participant's spouse, the spouse may, within 60 days of the participant's death, elect to defer distribution until a date no later than the date the participant would have attained age 70 1/2.

History: 19-2-403, 19-3-2104, MCA; IMP, 19-2-1007, 19-3-2124, 19-3-2125, MCA; NEW, 2002 MAR p. 1884, Eff. 7/12/02.

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