Beneficiary for Participant w/ New Spouse

[DP]

A participant currently has her mother as beneficiary. The participant recently married and does not want her new husband as beneficiary at this time. If the participant does nothing, when will the new husband automatically become her beneficiary? Is it after one year of marriage? Thanks.

[jaemmons]

Does the plan document stipulate that the spouse is the automatic beneficiary unless a waiver is on file? Most do, so I don't believe it matters whether or not she executes another form at this time. She is married and her spouse is entitled to her death benefits, unless he consents otherwise in writing.

[mbozek]

Spouses are automatically the beneficiary of the employee under an ERISA plan. As to the one year requirement you need to review the SPD to see if the plan enforces the one year rule. Some plans automatically cover the spouse upon marriage. Note: the one year applies after participants have been married for one year even if they were not married for one year as of the date retirement benefits commenced.

[John A]

mbozek,

Could you provide a cite for:

Note: the one year applies after participants have been married for one year even if they were not married for one year as of the date retirement benefits commenced.

I'd appreciate it.

[david rigby]

Try IRS Reg. 1.401(a)-20, Q&A 25,

and 1.401(a)-11(d)(3)

http://www.access.gpo.gov/nara/cfr/cfrhtml...26cfrv5_00.html

[mbozek]

Pax: TKS for the cite.