<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 22.01.07.03" title_num="22" subtitle_num="01" chapter_num="07" heading="Designation of Minor Beneficiary.">
  <paragraph num="A.">
    <text>This regulation applies only if a designated beneficiary is not 18 years old or older at the time of payment of the survivor benefit.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Retirement Agency shall pay the survivor benefit for the benefit of the designated beneficiary to the guardian of the property of the minor beneficiary who is appointed by a court in accordance with Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If a guardian of the property has not been appointed by a court in accordance with the Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland, the Retirement Agency shall pay the survivor benefit for the benefit of the designated beneficiary in the following order:</text>
    <paragraph num="(1)">
      <text>If the individual named a custodian under the Maryland Uniform Transfers to Minors Act, Estates and Trusts Article, Title 13, Subtitle 3, Annotated Code of Maryland, to receive the survivor benefit for each minor beneficiary on the designation of beneficiary form, to the named custodian for the designated minor;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the individual named a custodian or trustee to hold property for the benefit of the minor beneficiary under a will or trust on the designation of beneficiary form, to the named custodian or trustee;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the individual did not name a custodian or trustee as provided in §C(1) or (2) of this regulation, to an adult as custodian for the benefit of the minor beneficiary under the Maryland Uniform Transfers to Minors Act, Estates and Trusts Article, Title 13, Subtitle 3, Annotated Code of Maryland, if the:</text>
      <paragraph num="(a)">
        <text>Survivor benefit payable to the minor beneficiary is less than $10,000; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Executive Director considers a transfer to an adult as custodian for the benefit of the minor beneficiary under the Maryland Uniform Transfers to Minors Act to be in the best interest of the minor; or</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If the criteria specified in §C(3)(a) or (b) of this regulation are not satisfied, the Retirement Agency shall pay the survivor benefit only to a guardian of the property of the minor beneficiary who is appointed by a court in accordance with the Estates and Trusts Article, Title 13, Subtitle 2, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>