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Spousal consent requirements for qualified city government plans.

Guest Allen Radin

By Guest Allen Radin
in Governmental Plans

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Guest Allen Radin

Guest Allen Radin

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Does a city government defined benefit pension plan have to require spousal consent for distributions such as lump sum and annuities?

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Carol V. Calhoun

Carol V. Calhoun

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No. This requirement is imposed by Code sections 401(a)(11) and 417, which are inapplicable to governmental plans. Treas. Reg. § 1.401(a)-11(a).You can click here for a more thorough discussion of which qualification requirements do and do not apply to governmental plans.

Employee benefits legal resource site

The opinions of my postings are my own and do not necessarily represent my law firm's position, strategies, or opinions. The contents of my postings are offered for informational purposes only and should not be construed as legal advice. A visit to this board or an exchange of information through this board does not create an attorney-client relationship. You should consult directly with an attorney for individual advice regarding your particular situation. I am not your lawyer under any circumstances.

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