1. A. This regulation applies only if a designated beneficiary is not 18 years old or older at the time of payment of the survivor benefit.
2. B. 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.

3. C. 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:

   1. (1) 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;
   2. (2) 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;

   3. (3) 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:

      1. (a) Survivor benefit payable to the minor beneficiary is less than $10,000; and
      2. (b) 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
   4. (4) 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.

Authority: 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Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted.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)