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Posted

Anyone have experience with voluntary and revocable assignment of pension benefits under Code section 401(a)(13)(a) and Reg. 1.401(a)-13(d)(1) or the payment of benefits to third party under Reg. 1.401(a)-13(e)?

Does the Plan document have to explicitly allow for such assignments or payments? And if the Plan does allow it, how are people establishing that the assignment or payment arrangement is voluntary and revocable ? With a form signed by the participant and assignee?

Thanks.

Posted

Assuming the plan doc allows for it, I would assume the Reg's outline what type of statement needs to be signed off on by the participant and the third party. At a minimum I would think the statement could parrott the language in the Reg.s re being revocable, etc.... Execution by both parties would acknowledge they both treated it as such...

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