Spousal Consent w/Distributions

[Guest TLCPension]

When processing a distribution form, if marital status is marked as Widowed, do we need to get a copy of the death certificate to prove that spousal consent is not needed?

[Harwood]

Do you question someone who marks the box "Single"?

[GBurns]

Those who mark "Widowed" usually already have a named spouse on some form among the documents. Those who mark "Single" although not questioned do not already have a form with someone elses name and sometimes signature. So while it is not very customary to question a "Single" unless other information indicates a different status, it is only prudent to question "Widowed" when there are documents that state otherwise.

[Harwood]

Do you check all distribution forms against beneficiary forms?

Do you question everyone who marks "single" or "divorced" on their distribution form to see if they previously named a spouse on their beneficiary form?

Do you then demand a copy of a divorce decree in those situations?

[WDIK]

If a participant represents himself as married, is it necessary to request a copy of a marriage certificate to verify the spousal consent?

[GBurns]

"If a participant represents himself as married, is it necessary to request a copy of a marriage certificate to verify the spousal consent?" No because he provides other related supporting documentation.

Re " "Do you check all distribution forms against beneficiary forms?" and the other questions..... No, but you check anything that for some reason might not seem right especially if based on anything factual ot conflicting that you might know or suspect.

Re: "Do you then demand a copy of a divorce decree in those situations? " All you have done with this question is to restate the original post from TLCPension but still without rendering an opinion.

TLCPension,

IMHO, you need to do whatever seems prudent based on readily available information at your disposal.

[Appleby]

I agree with GBurns. It is prudent to obtain a copy of the death certificate. If it is found later that the participant lied, the plan may be required to recover the funds , to provide the spouse with due benefits. See [Hearn v Western Conference of Teamsters Pension Trust Fund, 1995 US App Lexis 27941 (9th Cir 1995)]

An ounce of prevention is better than a pound of cure!!