HAR §6-28-8. Incidental death benefit requirements

Ifthe member's benefit is being distributed in the form of a joint and survivor annuity for the joint lives of the member and a nonspouse beneficiary, annuity payments to be made on or after the member's required beginning date to the designated beneficiary after the member's death must not at any time exceed the applicable percentage of the annuity payment for such period that would have been payable using the table set forth in Q&A-2 of section l.401(a)(9)-6 of the Treasury Regulations. The applicable percentage is based on the adjusted age difference between the member and beneficiary. The age difference is determined by first calculating the excess of the age of the member over the age of the beneficiary based on their ages on their birthdays in the same calendar year. Then, if the member is younger than age seventy, the age difference determined in the preceding sentence is reduced by the number of years that the member is younger than age seventy in the calendar year that contains the annuity starting date. [Eff 5/20/05; am and comp APR O 6 2012 ] (Auth: HRS §88-28; HRS §88-22.5) (Imp: HRS §88-22.5)