Spousal Consent to Name Beneficiary?

[EBECatty]

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?

[david rigby]

Possibly some other (more generic) state law?

 

[Peter Gulia]

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.

 

[EBECatty]

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.