1. A. This regulation applies when a prize or portion of a prize is payable after a prize winner has died.

2. B. A prize or a portion of a prize which remains unpaid at the time of a prize winner's death shall be payable to:

   1. (1) The beneficiary designated on the deceased winner's claim form; or
   2. (2) If no beneficiary was designated on the deceased winner’s claim form, the winner’s estate or the duly qualified personal representative of the winner's estate.

3. C. The Director may rely wholly on:

   1. (1) A certified copy submitted to the Agency of a court of competent jurisdiction's appointment of a personal representative for the deceased winner’s estate; or
   2. (2) Any other evidence that a person is entitled to the payment of a prize on behalf of the deceased person.
4. D. The Director may require the individual who signs on behalf of a deceased winner to submit an affidavit that the deceased prize winner was not prohibited by COMAR 36.01.01.05 from being paid a prize.
5. E. The Director may petition a court of competent jurisdiction to request a determination for the payment of any prize which is or may become due to a deceased winner.
6. F. If a court of competent jurisdiction directs that a prize due and to become due from the Agency to a deceased winner be paid directly to a specified person, the Agency shall pay the prize according to the order of the court.
7. G. Unless permitted by federal law and authorized by the Director, the Agency may not accelerate the payment of a prize beyond its normal dates of payment after a winner’s death.

8. H. The person to receive payment on behalf of the deceased person shall submit to the Agency a complete and notarized change of beneficiary form and sufficient information to identify the claimant, such as:

   1. (1) The person’s Social Security number; and
   2. (2) Proof of the Social Security number.
9. I. Payments due under this regulation shall begin once the Director is satisfied that the payment is lawful and proper.

Authority: State Government Article, §§9-101, 9-103, 9-104, 9-109—9-111, 9-113, and 9-122—9-124, Annotated Code of Maryland

Effective date: May 13, 2013 (40:9 Md. R. 790)

Regulation .01B amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .04A amended effective October 22, 2018 (45:21 Md. R. 976)

Regulation .04B amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .05B, C amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .06C, D amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .08 amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .11 amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .11B amended effective January 7, 2016 (42:26 Md. R. 1597)

Regulation .12B amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .15B amended effective January 14, 2019 (46:1 Md. R. 13)

Regulation .18H amended effective January 14, 2019 (46:1 Md. R. 13)

Chapter revised effective December 2, 2019 (46:24 Md. R. 1104)

Regulation .04A amended effective September 21, 2020 (47:19 Md. R. 850)

Regulation .05 amended effective September 21, 2020 (47:19 Md. R. 850)