The IRS issued new proposed regulations that would permanently change the rules that require spousal consent for plan distributions to be signed in the physical presence of a notary or plan representative. Specifically, the proposed regulations would allow plans to accept remote notarization or witnessing by a plan representative if the remote process meets certain
Spousal Consent
No Presence? No Problem: Temporary Relief for Witnessing Spousal Consent Further Extended Through Year-End
By Robert Projansky & Katrina McCann on
Perhaps channeling the old adage of “if it ain’t broke, don’t fix it,” the IRS recently released Notice 2022-27 extending through December 31, 2022 its temporary relief from the requirement that spousal consent for plan distributions or loans be witnessed in person.
As discussed in greater detail in our earlier posts (here and here…
Temporary Relief for Witnessing Spousal Consent Extended for Another Year
By Katrina McCann & Robert Projansky on
Just when we were about to draft our blog reminding plans of the expiration of the temporary relief. . . The IRS has now issued Notice 2021-40 extending for another year the temporary relief from the requirement that spousal consent for plan distributions or loans be witnessed in person.
As discussed in greater detail in…
Ninth Circuit: Spousal Consent Not Required Under Top-Hat Plans
By Joseph Clark on
The Ninth Circuit held that a participant’s brother, rather than his spouse, was the proper beneficiary of benefits under a profit sharing plan. In so holding, the Court found that: (a) the participant’s first wife, who was designated as the primary beneficiary, had waived her rights to benefits as part of the couple’s divorce; and…