§ 1651.3 Designation of beneficiary.

(a) Designation requirements. A participant may designate one or more beneficiaries for his or her TSP account. A valid TSP designation of beneficiary remains in effect until it is properly changed as described in § 1651.4. (b) Eligible beneficiaries. Any individual, firm, corporation, or legal entity, including the U.S. Government, may be designated as a beneficiary. A participant can name up to 20 total (primary and contingent) beneficiaries to share the death benefit. A beneficiary may be designated without the knowledge or consent of that beneficiary or the knowledge or consent of the participant's spouse. (c) Validity requirements. To be valid and accepted by the TSP record keeper, a TSP designation of beneficiary must: (1) Be received by the TSP record keeper on or before the date of the participant's death; (2) Identify the participant in such a manner so that the TSP record keeper can locate his or her TSP account; (3) Be signed and properly dated by the participant and signed and properly dated by one witness: (i) The participant must either sign the designation of beneficiary in the presence of the witness or acknowledge his or her signature on the designation of beneficiary to the witness; (ii) A witness must be age 21 or older; and (iii) A witness designated as a beneficiary will not be entitled to receive a death benefit payment; if a witness is the only named beneficiary, the designation of the beneficiary is invalid. If more than one beneficiary is named, the share of the witness beneficiary will be allocated among the remaining beneficiaries pro rata; (4) Designate primary beneficiary shares which when summed equal 100%; (5) Contain no substantive alterations (e.g., struck-through shares or scratched-out names of beneficiaries); (6) Designate each primary and each contingent beneficiary in such a manner so that the TSP record keeper can identify the individual or entity; (7) Not attempt to designate beneficiaries for the participant's traditional balance and the participant's Roth balance separately; and (8) Be received by the TSP record keeper not more than 365 calendar days after the date of the participant's most recent signature. (d) Will. A participant cannot use a will to designate a TSP beneficiary.