J&S required under 403(b) plan?

[Guest Pennysaver]

Are 403(b) plans subject to the same requirement to provide for QJSA and QPSA as 401(a) plans? Or is the exemption available to defined contribution plans under section 401(a)(11)(B) available to 403(b) plans as well?

[mbozek]

Are 403(b) plans subject to the same requirement to provide for QJSA and QPSA as 401(a) plans? Or is the exemption available to defined contribution plans under section 401(a)(11)(B) available to 403(b) plans as well?

An annuity benefit is required for all money purchase type plans, i.e., those with a fixed employer contribution requirement, say 5% of comp. Plans that provide for discretionary employer contributions each year where the contribution rate can vary are considered to be profit sharing type plans which can provide the benefit in a lump sum without the need for a QJSA or spousal consent.