“Survivor benefit” means a benefit payable under State Personnel and Pensions Article, Division II, Annotated Code of Maryland, on the death of a member, former member, or retiree. Completion and Filing of Designation of Beneficiary Form. A member, former member, or retiree may designate a beneficiary to receive a survivor benefit by properly completing the appropriate form that the Retirement Agency provides and filing it with the Retirement Agency. A designation of beneficiary form is properly completed if it is completed in accordance with the form’s instructions, dated, signed by the member, former member, or retiree, and properly acknowledged by a notary public. Filing a Designation of Beneficiary Form. A designation of beneficiary form is filed on the date that it is received by the Retirement Agency. A designation of beneficiary form is not considered filed if it is submitted to the employing agency of a member, former member, or retiree. Designation of Multiple Beneficiaries. Except as provided in §B(2) of this regulation, a member, former member, or retiree may designate multiple beneficiaries on the designation of beneficiary form to receive the survivor benefit in equal shares. Subject to State Personnel and Pensions Article, §21-402(b)(2), Annotated Code of Maryland, for an optional form of allowance providing for payment to a designated beneficiary for life, a retiree may designate only one individual. On the death of a member, former member, or retiree, the Retirement Agency shall use the last designation of beneficiary form properly completed and filed with the Retirement Agency by the member, former member, or retiree on or before the date of death to ascertain who is entitled to receive the survivor benefit. The Board of Trustees is not liable for an improper payment if the Board of Trustees pays the survivor benefit in accordance with the last designation of beneficiary form filed on or before the date of death of the member, former member, or retiree. Change of Designation of Beneficiary Form. Except as provided in §E(2) of this regulation, a member, former member, or retiree may change the designation of beneficiary at any time before the death of the member, former member, or retiree. Change of Designation of Beneficiary by Retiree Under Optional Forms of Allowance 2, 3, 5, or 6. This subsection applies only to a retiree who elected an optional form of allowance providing for payment to a designated beneficiary for life. Before a retiree may change the retiree’s designated beneficiary, the retiree shall first request a recalculation of the amount of the retiree’s allowance based on the new proposed beneficiary. The submission of a request for recalculation pursuant to §E(2)(b) of this regulation does not change the retiree’s designation of beneficiary. Upon receipt of a request for recalculation pursuant to §E(2)(b) of this regulation, the Retirement Agency will provide the retiree with the following: A written estimate of the retiree’s recalculated allowance based on the new proposed beneficiary; and A form that may be used by the retiree to change the retiree’s designation of beneficiary to the new proposed beneficiary. A retiree may not change the retiree’s designated beneficiary until after receipt of the items specified in §E(2)(d) of this regulation. This regulation applies only if a designated beneficiary is not 18 years old or older at the time of payment of the survivor benefit. 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. 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: 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; 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; 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: Survivor benefit payable to the minor beneficiary is less than $10,000; and 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 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. Upon the death of a member, former member, or retiree, the Board of Trustees shall pay any survivor benefit to the estate of the member, former member or retiree if: The member, former member, or retiree did not properly complete and file a designation of beneficiary form; or Each designated beneficiary has predeceased the member, former member, or retiree. State Personnel and Pensions Article, §21-110; Title 21, Subtitle 4;and Title 29, Subtitle 2; Annotated Code of Maryland Effective date: January 1, 1996 (22:26 Md. R. 2031) Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. Chapter revised effective June 13, 2011 (38:12 Md. R. 707) Regulation .02A amended effective February 11, 2019 (46:3 Md. R. 109) Regulation .03 amended effective February 11, 2019 (46:3 Md. R. 109)