53-25-111. Changes in designated beneficiary. (1) A designated beneficiary or agent may change the designated beneficiary of an account to an individual who is a member of the family of the former designated beneficiary in accordance with procedures established by the department.

Terms Used In Montana Code 53-25-111

  • Account: means an eligible participating account established under this chapter by or on behalf of an eligible individual. See Montana Code 53-25-103
  • Agent: means one of the following persons acting on behalf of a designated beneficiary:

    (a)a person acting under a power of attorney; or

    (b)if no person holds a power of attorney, a parent or legal guardian of the designated beneficiary. See Montana Code 53-25-103

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-25-103
  • Designated beneficiary: means the eligible individual on whose behalf an account is established. See Montana Code 53-25-103
  • Member of the family: means , with respect to a designated beneficiary, a member of the family of the designated beneficiary as defined in section 529A(e)(4) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
  • Rollover distribution: means a transfer of funds made:

    (a)from one account in another state's qualified program to an account for the benefit of the same designated beneficiary or an eligible individual who is a family member of the former designated beneficiary; or

    (b)from one account to another account for the benefit of an eligible individual who is a family member of the former designated beneficiary. See Montana Code 53-25-103

(2)If requested by a designated beneficiary or agent, all or a portion of an account may be transferred through a rollover distribution to another account for which the designated beneficiary is a member of the family of the designated beneficiary of the transferee account.

(3)Changes in designated beneficiaries and rollover distributions under this section are not permitted if the changes or rollover distributions would violate:

(a)the excess contributions provisions adopted by the department; or

(b)the investment choice provisions of 53-25-112.