Condition 2: Death Benefit Availability
The second condition is that the death benefit is available and it is possible to name someone other than the surviving spouse. If no one else, other than the surviving spouse, can be named as the beneficiary or a death benefit is not available, then DHS cannot be designated as a beneficiary.
Although beneficiary information is generally found in all annuity contracts, if you are unable to determine whether a beneficiary other than the surviving spouse may be named, consider this condition met. This condition will be confirmed in the process of designating DHS as the preferred remainder beneficiary (PRB).
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Designating DHS as the PRB - Requirement Conditions