spousal waiver | Ed Slott and Company, LLC

spousal waiver

IRS Allows Remote Witnessing of Spousal Waivers

In the wake of the coronavirus pandemic, the IRS has temporarily relaxed the rule that spousal consent to certain retirement plan distributions and loans must be witnessed personally by a notary public or a plan representative. In Notice 2020-42, issued June 3, 2020, the IRS says that remote witnessing can be used for 2020 spousal waivers. This issue arises most frequently when a married participant in a private-sector defined benefit plan or money purchase pension plan elects a lump sum distribution (including a coronavirus-related distribution under the CARES Act) or a plan loan. The plan is not allowed to pay the lump sum or make the loan unless the participant’s spouse gives written consent. [This spousal consent rule does not apply to most 401(k) or 403(b) plans or any governmental or church-sponsored plans.] IRS rules require that spousal consent must be witnessed in the physical presence of a notary public or a plan representative.

Slott Report Mailbag: Do IRA Fees Count Towards my RMD?

IRA and retirement planning questions
The first Slott Report Mailbag of 2014 involves several topics we go into detail on at our 2-Day IRA Workshop. Spousal waivers, the 60-day IRA rollover window and required minimum distributions are the topics of the day, and our team of IRA Experts answered each below.

Using Post-Nuptial Agreements for Employer Plan Benefits is RISKY

A recent court case highlights how risky it is when a married couple attempts to use a post-nuptial agreement when trying to waive spousal benefits to an employer retirement plan. In the case of Mid-American Pension v. Michael Cox, the court ruled that a surviving wife’s promise to waive her rights to her husband’s 401(k) funds by signing a post-nuptial agreement was invalid because the agreement wasn’t drafted correctly.

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