Brows By Index

 

ERISA Outline Book Index

J&S RULES

* Annuity factor tables, (Ch17/SecIII/PtB.4)

* Beneficiary: spousal consent rights

- Non-QPSA portion of death benefit: spousal consent not required in order to designate nonspouse beneficiary, (Ch6/SecV/PtB.3.a.)

- Plan that is exempt from QJSA rule: payment of death benefits, (Ch6/SecV/PtB.2.)

- QJSA waiver, (Ch6/SecIV/PtD.3.b.)

- QPSA waiver, (Ch6/SecV/PtB.1.c.)

* Death benefits

- Qualified preretirement survivor annuity (QPSA), see Qualified preretirement survivor annuity below

- Spousal benefit for plans exempt from QJSA rule, see Spousal benefit below

* Deferred annuity investment options in DC plan: interaction with QJSA rules, (Ch6/SecIII/PtB.4.)

- Irrevocable investment in annuity contract, (Ch6/SecIII/PtB.4.b.)

- Revocable investment in annuity contract, (Ch6/SecIII/PtB.4.a.)

* Disclaimer by spouse, see Qualified preretirement survivor annuity below

* Converting lump sum into joint and survivor annuity: table of factors, (Ch17/SecIII/PtB.4(1))

* Exemption from the J&S rules for certain profit sharing and stock bonus plans

- Floor-offset arrangement not eligible for exemption, (Ch6/SecIII/PtB.2.a.4))

- J&S rules might apply to some employees and not to others in the plan, (Ch6/SecIII/PtB.2.b.1))

- Life annuity can't be elected, (Ch6/SecIII/PtB.2.a.2))

- Rollover from pension plan does not carry over J&S rules, (Ch6/SecIII/PtB.2.a.3)a))

- Transfers from another plan, (Ch6/SecIII/PtB.2.a.3))

- Spouse must be death beneficiary in full, (Ch6/SecIII/PtB.2.a.1))

- What if exemption requirements are not satisfied, (Ch6/SecIII/PtB.2.b.)

* Former spouse named as beneficiary, (Ch6/SecV/PtB.3.d.)

* Joint and survivor annuity (QJSA)

- Definition of a joint and survivor annuity, (Ch1A/Def-JointAndSurvivorAnnuity)

- Qualified joint and survivor annuity, see Qualified joint and survivor annuity below

* Joint and survivor rules: definition of, (Ch1A/Def-JointAndSurvivorAnnuity)

* Non-spouse preretirement death benefit, (Ch6/SecV/PtB.3.)

* Participant loan requires spousal consent under certain circumstances, (Ch6/SecV/PtD) (loan outstanding at participant's death), (Ch6/SecV/PtD) (prohibited transaction exemption requirement)

- Exception if accrued benefit does not exceed $5,000, (Ch14/SecII/PtB.2.e.2)c))

* Prenuptial agreement not valid as waiver election, (Ch6/SecV/PtB.1.c.3)a))

* Preretirement survivor annuity, Qualified preretirement survivor annuity below

* QDROs: application of J&S rules, (Ch6/SecVI/PtA)

* QJSA, see Qualified joint and survivor annuity below

* QPSA, Qualified preretirement survivor annuity below

* Qualified joint and survivor annuity (QJSA)

- "Qualified optional survivor annuity" (QOSA) rule in effect for post-2007 plan years, (Ch6/SecIII/PtB.1.f.)

- Definition, (Ch1B/Def-PreApprovedPlan)

- Explanation of QJSA must be provided to participant before distribution may commence, (Ch6/SecIV/PtD.2.a.), (Ch6/SecIV/PtD.2.a.)

- Fully-subsidized benefit: no waiver option required, (Ch6/SecIV/PtD.3.a.1))

- Interaction with QPSA, (Ch6/SecV/PtB.1.g.)

- Lump sum may be automatic if value of vested benefit does not exceed $5,000, (Ch6/SecIV/PtD.2.e.)

- Must be equivalent to most valuable optional forms of benefit in defined benefit plan, (Ch6/SecIII/PtC.2.e.)

- One-year marriage rule, (Ch6/SecIV/PtD.3.b.5))

- Plans subject to QJSA requirements, (Ch6/SecIII/PtB.2.)

◆ Exemption for certain profit sharing and stock bonus plans, see Exemption for certain profit sharing and stock bonus plans above

- QDRO: effect on QJSA, (Ch6/SecVI/PtA)

◆ Commencement of QJSA vests survivor annuity in current spouse, (Ch6/SecVI/PtA.2.a.)

- Qualified optional survivor annuity (post-2007 plan years), (Ch6/SecIII/PtB.1.f.)

- Security interest due to participant loan reduces QJSA, (Ch6/SecIII/PtB.1.e.1))

- Spousal consent to waiver of QJSA, (Ch6/SecIV/PtD.3.b.)

- Unmarried participant: requirement to provide life annuity option, (Ch6/SecIII/PtB.1.a.)

- Vested benefit in entirety must be used to provide QJSA, (Ch6/SecIII/PtB.1.e.)

- Waiver of QJSA, (Ch6/SecIV/PtD.3.a.)

* Qualified preretirement survivor annuity (QPSA), (Ch6/SecV/PtB.1.)

- Age 35 rule: limited waiver of QPSA before age 35, (Ch6/SecV/PtB.1.c.2))

- Charge for coverage under defined benefit plan, (Ch6/SecV/PtB.1.c.4))

- Defined benefit plan: description of QPSA, (Ch6/SecV/PtB.1.b.)

- Defined contribution plan: description of QPSA, (Ch6/SecV/PtB.1.a.)

- Definition of QPSA, (Ch6/SecV/PtB.1.)

- Disclaimer by spouse, (Ch6/SecV/PtB.1.c.3)b))

- Earliest retirement age for QPSA purposes, (Ch6/SecV/PtB.1.b.1))

- Exempt plan, spousal death benefit under, see Spousal benefit below

- Fully subsidized QPSA, (Ch6/SecV/PtB.1.c.5))

- Interaction with QJSA, (Ch6/SecV/PtB.1.g.)

- Lump sum may be mandatory if value does not exceed $5,000, (Ch6/SecV/PtB.1.e.)

- Non-QPSA portion of death benefit, (Ch6/SecV/PtB.3.a.)

- One-year marriage rule, (Ch6/SecIV/PtD.3.b.5))

- Prenuptial agreement not valid for waiving QPSA, (Ch6/SecV/PtB.1.c.3)a))

- Spousal consent to waiver, (Ch6/SecV/PtB.1.c.3))

- Spouse has right to delay payment to when participant would have reached normal retirement age, (Ch6/SecV/PtB.1.d.1))

- Spouse may elect alternative form, (Ch6/SecV/PtB.1.d.2))

- Waiver of QPSA, (Ch6/SecV/PtB.1.c.)

* Rollovers do not carry J&S requirements from prior plan, (Ch6/SecIII/PtB.2.a.3)a))

* Security interest against benefit for participant loan, (Ch6/SecV/PtD)

* Spousal benefit for plan exempt from QJSA rules, (Ch6/SecV/PtB.2.)

- Consent to non-spouse beneficiary required, (Ch6/SecIII/PtB.2.a.1)), (Ch6/SecIII/PtB.2.a.1))

- One-year marriage rule, (Ch6/SecIV/PtD.3.b.5))

* Spousal consent requirements

- Choice between two or more actuarially equivalent QJSA options: participant may elect without spouse's consent, (Ch6/SecIII/PtC.2.e.1))

- Electronic delivery to plan of notification of spousal consent, (Ch6/SecIV/PtD.5.g.)

- Exceptions for legal separation or abandonment, (Ch6/SecIV/PtD.3.b.1)f))

◆ Court order must be issued that recognizes separation or abandonment, (Ch6/SecIV/PtD.3.b.1)f))

- Failure to meet spousal consent requirements invalidates the consent, (Ch6/SecIV/PtD.3.b.1)g))

- Participant loan, consent to security interest against accrued benefit, see Participant loan above

- Plan representative role filled by participant whose spouse is consenting to waiver, (Ch6/SecIV/PtD.3.b.1)d))

- Waiver of QJSA, see Qualified joint and survivor annuity above

- Waiver of QPSA, see Preretirement survivor annuity above

- Who is the spouse? (Ch6/SecIV/PtD.3.b.2))

- Witnessing requirements, (Ch6/SecIV/PtD.3.b.1)d))

* Surviving spouse, payment of QPSA to, see Qualified preretirement survivor annuity above

* Title I of ERISA joint and survivor requirements, (Ch13A/SecVII/PtA.4.)

* Transfers: effect on exemption for certain profit sharing and stock bonus plans, see Qualified joint and survivor annuity above

* Unmarried participant, application of QJSA to, see Qualified joint and survivor annuity above

* Waiver of QJSA, see Qualified joint and survivor annuity above

* Waiver of QPSA, see Qualified preretirement survivor annuity above

JOINT AND SURVIVOR ANNUITY REQUIREMENTS, see J&S RULES