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A governmental 457(b) plan is not subject to ERISA, so no spousal consent is required with respect to a governmental 457(b).
Since the 401(k) plan is subject to ERISA and this plan offers a QJSA, spousal consent is required to decline the annuity and pay RMDs over the employee's lifetime instead (at least until such time that a QJSA is elected). Among other things, ERISA ensures that that a spouse cannot be cut out of the plan benefit without the spouse's consent.
‎September 27, 2022
1:27 PM
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