QJSA removed from document

[wsp]

We've got a plan that had the annuity and QJSA accidentally removed from the document during the GUST restatement.

Unfortunately this was found because the plan is going to be audited. Part of the audit request is that the spousal consent forms to waive the QJSA form is provided. I don't believe that form was provided to the particpants (Plan has been in existance prior to '89 and plan sponsor has never had an annuity payment) after all it was removed....

What should we do prior to audit to show we are trying to be compliant here.

[david rigby]

Amend the plan?

Discuss with the attorney who "drafted" the restatement?

[Guest mjb]

Was the annuity the normal form or an optional form of benefit under th eplan?

[wsp]

Was the annuity the normal form or an optional form of benefit under th eplan?

Normal.

[wsp]

Was the annuity the normal form or an optional form of benefit under th eplan?

Normal.

Does it make a difference if a new SPD was provided to every participant with the restatement process?

[Kevin C]

It depends.

Does the plan have any amounts that were transferred from a plan subject to IRC 412?

If the answer to that is no, did the plan comply with the 1.411(d)-4 regulations in effect at the time when the annuity form of payment was eliminated? The SPD may be important in showing you did comply with the regs.