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Spousal Consent


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Yes, they are exempt. They are exempt from QJSA in 401(a)(11) and anti-assignment in 401(a)(13). The spousal consent rules are detailed in Section 417 of the IRC.

Don't know how this led me to believe they were exempt from 401(a)(4); but still trying to mend my bruised ego on that one :D

Good Luck!


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toolkit: While they are subject to 401(a)(4), I believe they are still exempt from the current 401(a)(4) regulations, so don't feel too bad. (They are subject to a "good faith" standard in implementing 401(a)(4), but do not need to comply with all of the nuances of the regulations.)

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I have not verified this one, but note that many of the exemptions are predicated on compliance with the pre-ERISA statute.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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  • 8 years later...

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