Spousal Consent Rules

[Guest welcomehome]

Can someone please point me to where I can look up the rules for spousal consent for distributions from a DC plan? I know it should be for amounts over $5000 but is it only on Money Purchase Plans or only for plans with annuities or is it for all distributions over $5000? Thanks for any help.

[ccassetty]

If you have the Pension Answer Book or the Distribution Answer book in your office, you could start there for the basics. Also go to IRC 417 and its regs. The 417 regs provide references to other code and reg sections. Money Purchase and DB plans must follow the spousal consent rules (except as you pointed out for amounts not greater than $5,000). PS and 401(k) plans must follow the spousal consent rules also if they offer annuities. Note that even plans that don't have to follow spousal consent rules for distributions must still get spousal consent on beneficiary forms if the participant names someone other than the spouse as primary beneficiary.

Have you asked others in the office for guidance on reference materials that may be available to you such as CCH or the ERISA Outline Book?