QJSA required for loan after spouse waived her rights on bene form?

[Guest bgiles]

I have a plan that is subject to QJSA rules. On the beneficiary form the spouse waived her right as to the designation of beneficiary where the 3 kids were named the beneficiaries. The waiver further stated that by siging the waiver she would receive no benefit from the plan. The participant is wanting to take a loan and is stating that his spouse has waived her right and therefore her consent is not needed on the loan application. Does the waiver of the beneficiary designation that was signed by the spouse and notorized exempt the need to obtain spousal consent for the loan? I'm questioning whether a beneficiary designation form signed over a year ago where the spouse waived her rights still holds true for the loan or if perhaps consent is required because the waiver cannot be more than 90 days old to be considered valid.