Lori H Posted August 26, 2016 Posted August 26, 2016 When is consent of spouse required for distributions?
Bird Posted August 29, 2016 Posted August 29, 2016 Generally, when the plan has a J&S option. Ed Snyder
CMarkB Posted August 29, 2016 Posted August 29, 2016 More specifically, spousal consent for a distribution is required for a plan that is subject to the qualified joint and survivor annuity requirements and under which the participant desires to elect a form other than a qualified joint and survivor annuity. Additionally, for a plan not subject to the QJS requirements, spousal consent is required to designate a non-spouse beneficiary. Hope this is helpful.
My 2 cents Posted August 30, 2016 Posted August 30, 2016 And, of course, spousal consent is required when the plan says it is, even if spousal consent would otherwise not be required. Sometimes, for example, governmental defined benefit plans include spousal consent language, and (even though the plan is not required to follow the spousal consent rules by law) in those instances, spousal consent is required. Always check with your actuary first!
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