New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 6 - DEFINED CONTRIBUTION RETIREMENT PROGRAM
Subchapter 14 - ADMINISTRATION OF DISTRIBUTIONS
Section 17:6-14.10 - Disclaimer by beneficiary

Universal Citation: NJ Admin Code 17:6-14.10
Current through Register Vol. 56, No. 6, March 18, 2024

Any beneficiary may renounce or disclaim all or any part of any benefit by filing a written irrevocable disclaimer not later than 31 days before the distribution begins or any payment is otherwise to be made and before acceptance of any benefit. An acceptance may be express or may be inferred from actions or facts and circumstances, including, but not limited to, those actions described in Title 3B of the New Jersey Statutes as establishing an inference of acceptance. In addition to any requirements under State law, the disclaimer is not effective unless the disclaimer describes the benefit renounced, expressly declares the renunciation and the extent of it, expressly states the beneficiary's belief upon reasonably diligent examination that no creditor of the beneficiary (or, if the beneficiary is an executor or trustee or guardian or other fiduciary, of any current or reasonably anticipated beneficiary of the estate or trust or guardianship or other fiduciary relationship or entity) would be adversely affected by the disclaimer, expressly states that the disclaimer is irrevocable, is signed by the beneficiary, meets all requirements of IRC § 2518 such that the disclaimer would be treated as effective for Federal gift and estate tax purposes, and otherwise is made in a form that is acceptable to the Plan Administrator. Notwithstanding any State law that would permit otherwise, if the beneficiary is a minor or an incapacitated person, any disclaimer cannot have any effect regarding the Program until the court having jurisdiction of the minor's or incapacitated person's estate authorizes the disclaimer after finding that it is advisable and will not materially prejudice the rights of any interested person. Any benefit disclaimed shall be payable as if the beneficiary who submitted the disclaimer died before the participant.

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