Guest StargazerL81 Posted June 9, 2003 Posted June 9, 2003 Does a plan sponosr have any duty to find a lost spouse for purposes of waiver of a Qualified Joint Survivor Annuity?
Harwood Posted June 9, 2003 Posted June 9, 2003 § 1.401(a)-20 Requirements of qualified joint and survivor annuity and qualified preretirement survivor annuity. Q-27. Are there circumstances when spousal consent to a participant's election to waive the QJSA or the QPSA is not required? A-27. Yes. If it is established to the satisfaction of a plan representative that there is no spouse or that the spouse cannot be located, spousal consent to waive the QJSA or the QPSA is not required. If the spouse is legally incompetent to give consent, the spouse's legal guardian, even if the guardian is the participant, may give consent. Also, if the participant is legally separated or the participant has been abandoned (within the meaning of local law) and the participant has a court order to such effect, spousal consent is not required unless a QDRO provides otherwise. Similar rules apply to a plan subject to the requirements of section 401(a)(11)(B)(iii)(I).
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