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Guest Colorado
Posted

If a DB plan requires a participant to obtain spousal consent to name someone other than the spouse as the beneficiary for a post-retirement lump sum death benefit, must a married alernate payee with a separate interest also provide spousal consent to name someone other the the AP's spouse as beneficiary?

Posted

No, but I wonder about the wisdom of a DB plan (other than a cash balance plan) that allows an alternate payee to name a death beneficiary in the event of death before benefits start. Among other things, the "separate interest" arrangement sets up a great opportunity for adverse selection. Also keep in mind how the plan will comply with the rules under 401(a)(9).

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