QJSA Mandatory when a participant directly transfers benefits from Defined Benefit Plan to 401(k) Plan?

[Dougsbpc]

Suppose a participant did a direct transfer rollover from a terminated defined benefit plan into the company 401(k) plan and subsequently terminated employment.

If the 401(k) plan normal form of benefit is a cash lump sum, must the terminated participant's benefit elections contain a QJSA option. In other words, since a portion of their benefit will be a rollover from a prior defined benefit plan, does the participant's entire 401(k) plan benefit need to retain the annuity provisions of the rolled over pension benefit?

Thanks.

 

[Bri]

If it's a rollover, then no, since the participant's spouse would have had to waive already in order to get the lump sum out of the DB plan.  Once that hurdle was passed, all bets are off.