OK, so we have to add a new payment alternative to our DB plan (by the end of this year, I think) - a 75% J+S. The only J+S we have now is the 50% and we require that the spouse sign off if the employee wants something other than the 50%.

Question: Suppose the employee now wants to choose the 75% J+S. Can we just pay it or must we get the spouse to sign off?


PS - Does anyone know what problem is solved having to add a 75% J+S to our plan?

Spousal consent is not required if J&75% actuarially equivalent to QJSA. OSJA rules effective for Plan Years beginning after 12/31/2007, so in calendar year case, beginning rather than end of 2008.

To answer your P.S., problem resolved is that your client will now be complying with the law.

OK, so if someone retires now from our calendar year plan we need to provide it. Thanks.

I'm trying to figure if The Law is an ass. To whoever thought this up: What were you trying to remedy? Wouldn't a 76% J&S have done a better job?

Are you under the impression that the making of law, and/or the law itself, is logical?

No, but I presume someone somewhere was trying to accomplish or fix something. If that someone is reading this please explain yourself. I'm holding my breath until I get your answer.

Blue ...... bluer ...... exhale!