Beneficiary - Spousal Consent

[khn]

 A spouse is trying to submit a beneficiary distribution request to a plan; however, the plan has a beneficiary form on file from 2011 where the same spouse signed and notarized a waiver to allow their grandchildren to be beneficiaries to the account.

Is there any issue in providing the spouse with a copy of the form so he see that he consented to waive his beneficiary rights? Since he would  have seen it when he signed it I don't think it would be a  problem but want to be sure i'm thinking correctly.

[david rigby]

Same person?  Sure, he can see it.

Maybe he doesn't remember.  Maybe he wants to revise it.

[ERISAAPPLE]

I would treat the request as a claim for benefits and, if the facts are as I think you are saying they are, deny it.  In the denial I would include a copy of the waiver he signed.  He would have a right to a copy in any event under the claims regulations.  He may be happy the grandchildren will receive it.

[Peter Gulia]

Was the spouse's consent limited to particular beneficiaries, whether described by name or by class; or was the consent general, allowing any beneficiary?

Was the spouse's consent on the same page as the participant's qualified election and description of the non-spouse beneficiaries?

The answers to those questions might help you and your lawyer sort out whether furnishing a copy of a document reveals the participant's confidential information, or does no more than remind the consenting spouse about information he already knew.