Spousal Waiver of annuity options

[Guest gasher]

Can anyone provide me evidence (ammunition) that will allow me to roll over my 401(k) assets to a conduit IRA without requiring my spouses notorized signature.

For the record I'm not trying to cheat my spouse, but rather trying to expedite the distribution!

[Guest bill mahoney]

Gasher,

Sorry this is no way of doing anything with an ERISA based planner and not getting spousal consent for any payout other then the joint survivor option.

Bill Mahoney

Mutual FUNDamentals

[rcline46]

First, you must know what the optional forms of benefit are in the plan. If the distribution is under $5000 then no spousal consent is required (normally) in any plan.

If it is a Profit Sharing / 401(k) plan, and the normal form is joint and survivor, you are probably out of luck. If the plan is written properly, a lump sum does not require spousal consent even if j & s is an option. Consent is required only if another annuity option is required. Determining all of this could take longer than getting consent!