Designating a non-spouse as a beneficiary

[Guest mam]

I could have sworn that I read somewhere that the spouse's signature is NOT REQUIRED on a Beneficiary Designation as long as the spouse's cut is at least 50%. But now that I need this information, I can't remember where I read this. First of all, does this even sound right? If so, where might I find the documentation to back this up? Thanks for any and all help!

[KJohnson]

That is the rule if you have a plan subject to joint and survivor requirements. See generally 417(B).

However, in order not to be sujbect to the joint and survivor requirements, many 401(k) plans attempt to meet the "safe harbor" of 401(a)(11)(B)(iii)(I) which requires 100% of the survivor benefit to be paid to the spouse unless the spouse consents otherwise.