D.C. Mun. Regs. r. 30-908

Current through Register Vol. 71, No. 25, June 21, 2024
Rule 30-908 - POWERBALL[R] GRAND PRIZE PAYMENT
908.1

Except as provided in section 908.19, POWERBALL(R) Grand prizes shall be paid with either a per winner annuity or cash payment. Annuitized prizes shall be paid in thirty (30) annual graduated installments over a period of twenty-nine (29) years.

908.2

A POWERBALL(R) Grand prize per winner annuity or cash payment may be elected when the prize is claimed or within sixty (60) days of the entitlement to the prize.

908.3

Entitlement to the POWERBALL(R) Grand Prize, or a per winner portion thereof, shall occur upon the:

(a) Presentation of a winning POWERBALL(R) lottery ticket for validation;
(b) Presentation of a completed and signed claim form at a Claim Center; and
(c) Satisfaction of all lottery ticket and claim validation requirements set forth in this Title including, without limitation, all final determinations that may be required by the Executive Director.
908.4

A payment election made after entitlement to the prize occurs is final and cannot be revoked, withdrawn, or changed.

908.5

The Executive Director may adopt procedures, requirements, and documentation to complete a POWERBALL(R) Grand prize payment election. The Executive Director's acceptance of an election is conditional upon his or her determination that the election request is valid.

908.6

If the documentation required by the Executive Director to complete a prize election is to be completed and signed in the name of a legal entity, the entity must designate in writing one (1) duly authorized natural person to execute the documentation.

908.7

If a POWERBALL(R) Grand Prize claimant is unable to complete the documentation required by the Executive Director for a prize payment election due to a legal, physical, or other disability, a duly authorized representative, guardian, conservator, custodian, or other fiduciary may complete and execute all required documentation on the claimant's behalf.

908.8

If a natural person completing the documentation required by the Executive Director to complete prize election is the personal representative of the estate of a deceased winner, or the authorized representative of a legal person or other entity entitled to claim the prize, he or she shall submit his or her letter of administration, trust, other authorizing documents, or their legal equivalent, showing an appointment from the court having jurisdiction over the estate, or other evidence of legally binding authorization.

908.9

Errors or omissions contained in documentation required by the Executive Director to complete a prize election shall not toll the period in which to elect an annuity or cash payment.

908.10

A person who executes documentation required by the Executive Director to complete a prize election shall be considered to have represented that the information contained therein is accurate and complete. Any person who willfully submits false or fraudulent documentation may be prosecuted for the offense of making a false statement in accordance with D.C. Official Code § 22 -2405..

908.11

All provisions of this Title relating to the election of a POWERBALL(R) Grand Prize payment shall be interpreted in a manner that is consistent with the purposes, requirements, and restrictions of 26 U.S.C. § 451.

908.12

If individual shares of the cash held to fund an annuity are less than $ 250,000, the Executive Director may elect to pay the winners their share of the cash held in the POWERBALL(R) Grand Prize pool.

908.13

If the POWERBALL(R) Grand Prize is not won in a weekly drawing, the prize money allocated for the POWERBALL(R) Grand prize shall roll over.

908.14

Pursuant to agreements governing the conduct of the POWERBALL(R) game, the Executive Director may offer guaranteed minimum POWERBALL(R) Grand Prize amounts or minimum increases in the POWERBALL(R) Grand Prize amount between drawings or make other changes in the allocation of prize money if the Executive Director finds that it would be in the best interest of the game. If a minimum POWERBALL(R) Grand Prize amount or a minimum increase is offered, the POWERBALL(R) Grand Prize shares shall be determined as set out in this section.

908.15

If the POWERBALL(R) Grand Prize is a guaranteed amount, the amount of the cash payment shall be determined by dividing the advertised POWERBALL(R) Grand Prize amount by an annuity factor obtained through a bid process.

908.16

If there are multiple POWERBALL(R) Grand Prize winners during a single drawing, each electing the annuitized option prize, a winner's share of the guaranteed annuitized POWERBALL(R) Grand Prize shall be determined by dividing the guaranteed annuitized POWERBALL(R) Grand Prize by the number of winners. If there are multiple POWERBALL(R) Grand Prize winners during a single drawing and at least one of the POWERBALL(R) Grand Prize winners has elected the annuitized option prize, a bid process shall determine the cash pool needed to fund the guaranteed annuitized POWERBALL(R) Grand Prize.

908.17

If no winner of the Grand Prize during a single drawing has elected the annuitized option prize, the amount of cash in the Grand Prize pool shall be an amount equal to the guaranteed annuitized amount divided by a factor determined by quotations.

908.18

If a natural person is the winner of a POWERBALL(R) Grand Prize, prize payments remaining upon the winner's death shall be paid to the winner's estate by the same annuity or cash payment method to which the winner would have been entitled had he or she lived, except that the estate may petition for accelerated payment as provided in § 908.19.

908.19

In the event of the death, during the payment period, of a natural person who was the winner of an annuitized POWERBALL(R) Grand Prize, the Executive Director, upon the petition of the estate of the lottery winner (the "Estate") may, subject to Federal and District law, accelerate the payment of all the remaining lottery proceeds to the Estate. If the Executive Director makes a determination to accelerate payment to the Estate, securities or cash held for the deceased prize winner, which represents the present value of that portion of future payments that are accelerated, may be distributed to the Estate. The valuation of securities, the determination of the present value of accelerated lottery payment, and the determination to accelerate shall rest with the Executive Director and shall be consistent with all agreements in effect governing the conduct of the POWERBALL(R) game. This section shall not be construed to confer upon the Estate or any natural person or legal entity a right to accelerate payment, or to evaluate or identify securities which fund an annuitized prize or its acceleration.

908.20

Petitions for the acceleration of prize payments shall not be construed to be a prize claim, and there shall be no right to appeal the identification of securities or determinations of the Executive Director concerning an acceleration of the prize.

908.21

Annuitized payments of the POWERBALL(R) Grand Prize or a share of the POWERBALL(R) Grand Prize may be rounded to facilitate the purchase of an appropriate funding mechanism. Funds remaining after the prize has been rounded down on a POWERBALL(R) Grand Prize win, ("breakage"), shall be added to the first cash payment to the winner or winners. Prizes which, under this chapter, may become single-payment, pari-mutuel prizes, may be rounded down so that prizes can be paid in multiples of whole dollars. Breakage resulting from rounding these prizes shall be carried forward to the prize pool for the next draw.

908.22

The holder of a winning ticket may win only one (1) prize per play in connection with the winning numbers in the highest matching prize category.

D.C. Mun. Regs. r. 30-908

Final Rulemaking published at 39 DCR 7439, 7459 (October 2, 1992); as amended by Final Rulemaking published at 40 DCR 7647 (November 5, 1993); and by Final Rulemaking published at 42 DCR 3817 (July 21, 1995), 49 DCR 872 (February 1, 2002), 50 DCR 1526 (February 14, 2003), 52 DCR 7224(August 5, 2005) and 56 DCR 73 (January 2, 2009); amended by Final Rulemaking published at 62 DCR 13017 (10/4/2015)