AlbanyConsultant Posted November 2, 2017 Posted November 2, 2017 A ERISA plan that we don't maintain the document for is transitioning from one platform/recordkeeper to another. When it was set up with the recordkeeper that they are leaving (~10 years ago), spousal consent was necessary for distributions and loans. In 2015, the plan was amended to remove the QJ&SA rules, but it doesn't seem that the recordkeeper was notified - or if they were, they never updated their records. Now the new recordkeeper is asking who they should follow - the plan doc or the old contract. My instinct says "plan doc" since it is an ERISA plan and the plan sponsor has the authority to make those changes to the plan. Any reason that wouldn't be OK?
ETA Consulting LLC Posted November 2, 2017 Posted November 2, 2017 You 'must' follow the terms of your written plan. Good Luck! CPC, QPA, QKA, TGPC, ERPA
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now