QJSA exception for PS balances

[Fred Payne]

We're having a lively discussion in our office over what our recommendation should be to clients who merged their MP balances into PS plans. Should we recommend that all balances now be subject to the QJSA or only the merged MP balances?

One concern expressed is that we screw up and not get the spouse to sign off on a MP distribution if the wrong form is used since new participants, not having MP balances, won't have any portion of their distribution subject to QJSA.

Another concern is if the PS exception is maintained, there presumably would be two distribution forms, one for the PS with no spousal consent and one for the MP with spousal consent. (And a lot more work.) Could one form be used for the particpant with MP and PS balances in which the spousal signature is required even if the exception applies for the PS balance?

Would one form be acceptable if a caveat was added that the spousal consent only pertains to the MP balance?