(a) A person designated as the beneficiary to receive a death benefit under chapters 34-37 of this title may disclaim the benefit upon the death of the member. Such disclaimer may be made by the person’s trustee, guardian, conservator, or attorney-in-fact. If the disclaimer is made by such person’s fiduciary, the disclaimer shall be binding on the beneficiary and on any successor fiduciary.

Terms Used In Tennessee Code 8-36-125

  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • 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
  • Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Trustee: A person or institution holding and administering property in trust.
(b) To be effective, the beneficiary must not have received any of the benefits, and the disclaimer must be in writing and filed with the division of retirement. Such writing shall:

(1) Indicate that the disclaimer is an irrevocable and unqualified refusal by the person to accept the benefit;
(2) Describe the amount of the benefit disclaimed; and
(3) Be signed by the person disclaiming or such person’s representative.
(c) If a disclaimer is made under this section, the disclaiming beneficiary’s share shall be distributed to the remaining beneficiary or beneficiaries in equal proportions.
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