truphao Posted September 1, 2024 Posted September 1, 2024 Is the Beneficiary desigantion form required to be notarized if the beneficiary is a spouse? Is it even needed for all practical purposes? Our plan docs name spouse as a default beneficiary in the pecking order. Interested to hear thoughts and opinions.....
Peter Gulia Posted September 1, 2024 Posted September 1, 2024 As ever, RTFD—Read The Fabulous Document. To state provisions that meet ERISA § 205, an ERISA-governed plan typically calls for a notary to witness a spouse’s consent, and (sometimes) officiate an acknowledgment of a participant’s qualified election. Many ERISA-governed plans do not otherwise call for a notarial act. For example, a beneficiary designation that does not deprive the participant’s spouse. But some plans provide that some claims, directions, or instructions require a participant to make and acknowledge the writing before a notary, even when that’s unnecessary to meet an ERISA command or an Internal Revenue Code tax-qualification condition. For a governmental plan, a non-ERISA church plan, or a plan that covers no employee, check not only “the” plan document but also applicable State law. This is not advice to anyone. Luke Bailey 1 Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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