Help - Search - Members - Calendar
Full Version: Spousal Consetn
BenefitsLink Message Boards > Retirement Plans > Distributions and Loans, Other than QDROs
Mike Schwing
My 401(k) plan document indicates that the plan does NOT offer annuities and the J & S rules of Code Sections 401(a)(11) and 417 do not apply to the plan.

Therefore, I assume no spousal consent is required to process distributions for above or below $5000 vested dollars.

Does it matter that my employees live in California? I assume not based on my plan document. Does spousal consent matter depending on what state my employees live in if no annuities are even allowed in the plan?
Blinky the 3-eyed Fish
No. The spouse is consenting to not receive the distribution in the form of a joint & survivor annuity. In a plan that is not required to provide that option, there is nothing to consent to not receive. Logically, no matter what the state of residence, it would be impossible to have to consent to not receive an option that does not exist.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2012 Invision Power Services, Inc.