§ 26106.5. — 26106.5. (Added by Stats. 2016, Ch. 559, Sec. 13.)

(a)
For purposes of this part, “annuity beneficiary” means the person or trust designated by a participant pursuant to Section 26807, 26807.5, 26906, or 26906.5 to receive an annuity upon the participant’s death.
(b)
For purposes of this section, “trust” means an irrevocable trust with the following characteristics:
(1)
The trust satisfies the requirements of subparagraph (A) or (C) of paragraph (4) of subdivision (d) of Section 1396p of Title 42 of the United States Code.
(2)
The trust satisfies the requirements of Section 1.401(a)(9)-4 of Title 26 of the Code of Federal
Regulations.
(3)
The trust, or the account in a pooled trust, is for the sole benefit of a single beneficiary and other beneficiaries to the trust, if any, are successor beneficiaries.
(4)
The beneficiary of the trust who is beneficiary with respect to the trust’s interest in the participant’s benefit shall be considered the designated beneficiary for the purpose of determining eligibility for, and the amount and duration of, benefits under the program.

Legislative History

Added by Stats. 2016, Ch. 559, Sec. 13. (AB 1875) Effective January 1, 2017.