EBECatty 61 Posted October 1, 2018 Report Share Posted October 1, 2018 Would appreciate someone confirming the thought process here. Governmental 457(b) plan document terms do not require spousal consent to name a non-spouse beneficiary. The only other relevant requirement would be 401(a)(11), which requires spousal consent as part of naming non-spouse beneficiary for exception of QJSA/QPSA requirements. Section 401(a)(11) does not apply to governmental plans or 457(b) plans. No requirement for spousal consent to name non-spouse beneficiary. Correct? Link to post Share on other sites
david rigby 432 Posted October 1, 2018 Report Share Posted October 1, 2018 Possibly some other (more generic) state law? Link to post Share on other sites
Peter Gulia 281 Posted October 1, 2018 Report Share Posted October 1, 2018 Is your client the plan's sponsor? The plan's administrator? Or the participant? Or the spouse? Or some other person? For a governmental eligible deferred compensation plan, requiring a spouse's consent to a participant naming a death-benefit beneficiary is not a condition of 457(b)-eligible Federal income tax treatment. A State or local law could require a governmental plan to include a spouse's-consent provision. If you advise a participant, consider that--even if no State or local law requires anything of the plan--a State's law or court order might require the participant not to name a beneficiary other than the participant's spouse without a consent or approval. Link to post Share on other sites
EBECatty 61 Posted October 1, 2018 Author Report Share Posted October 1, 2018 Thank you both. No state or local law would require it either. Just wanted to confirm the general rule under 401(a)/457(b)/gov't plan rules. Link to post Share on other sites
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