spousal consent to optional form

[Beemer]

On a form for a spousal consent to waiver, the spouse is consenting to "payment of the distribution from the Plan in the form of a lump sum or direct rollover distribution" specific enough? Does " a lump sum or direct rollover" constitute consent to an optional form?

Thanks for any replies.

[My 2 cents]

In my mind, there is no difference (other than the current tax treatment) between a lump sum and a direct rollover. Consent for one should be considered automatically acceptable as consent for the other. I don't even see a need to mention both in the context of a spousal waiver of the QJSA. The spouse waives the QJSA, consenting to payment of the entire benefit in a single sum. The participant elects whether to roll the money over or take it (net of mandatory withholding) as cash. Is there any more to it than that?

[QDROphile]

A rollover is not a form of distribution. It is what one does with a distribution. Rollovers are not permitted with certain forms of distribution.

[QDROphile]

A rollover is not a form of distribution. It is what one does with a distribution. Rollovers are not permitted with certain forms of distribution.

[Bird]

I think the important part of the spousal consent is not the form elected, but the form waived - that is, it should say the spouse understands that the effect of the waiver is to forfeit annuity benefits he or she would otherwise be entitled to receive upon the participant's death.

[Beemer]

OK, thanks!