Order of payment; absence of beneficiary designation

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  • (a) If a person had no beneficiary designation in effect on the date of death, any benefit payable shall be paid to the survivors in the following order:

    • (1) The decedent's spouse.

    • (2) The decedent's natural or adopted children, including a natural child adopted by another who meets the following criteria:

      • (A) The natural parent and adopted child lived together at any time as parent and child or the natural parent was married to or was cohabiting with the other natural parent at the time the child was conceived and died before the birth of the child; and

      • (B) The child was adopted by the spouse of either of the natural parents or after the death of either of the natural parents or the child is a natural adopted by another as that phrase is defined or construed in title 15 Virgin Islands Code, chapter 3, relating to Descent and Distribution of Decedent's Estate.

    • (3) The decedent's parents.

    • (4) The decedent's brothers and sisters.

  • (b) If a deceased person had no effective beneficiary designation and there are no survivors in the groups specified in subsection (a) who are entitled to the benefit under this section, the benefit shall be paid to the estate of the decedent, if the estate is either probated or subject to probate. Any benefit payable by the system may be paid either to the estate or to the duly authorized representative or representatives of the estate upon receipt by this system of a court order appointing an executor, administrator, or personal representative.


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