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AlbanyConsultant

removal of QJ&SA

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A ERISA plan that we don't maintain the document for is transitioning from one platform/recordkeeper to another.  When it was set up with the recordkeeper that they are leaving (~10 years ago), spousal consent was necessary for distributions and loans.  In 2015, the plan was amended to remove the QJ&SA rules, but it doesn't seem that the recordkeeper was notified - or if they were, they never updated their records.

 

Now the new recordkeeper is asking who they should follow - the plan doc or the old contract.  My instinct says "plan doc" since it is an ERISA plan and the plan sponsor has the authority to make those changes to the plan.  Any reason that wouldn't be OK?

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