Following spouse's disclaimer are deceased participant's parents who received distribution under terms of plan treated as designated beneficiaries under i.401(a)(9)-4

[Guest Edward McElroy]

A 401(k) plan participant committed suicide. There was not a valid beneficiary designation completed. Husband filed a timely disclaimer. Under terms of plan, amounts pass to (1) spouse (N/A), (2) children (none) and (3) parents (yes). Are parents designated beneficiaries under 1.401(a)(9)-4, Q&A-1? Initiially, I thought the answer was no, but under the regs. I think they would be. Thanks. Ed

[Bird]

I agree. Having a designated bene under the distribution rules is generally a matter of being able to identify an individual(s) to whom the money flows.

[Guest FormsRmylife]

Under the new final regulations, the parents are the designated beneficiaries as long as the spouse's disclaimer is in place by September 30 of the calendar year following the year of the participant's death.