Florida Specific Consent Form for Qualified Joint and Survivor Annuities - QJSA
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FAQ
When the participant dies, the spouse will receive lifetime payments in the same or reduced amount. The participant may waive the Qualified Joint and Survivor Annuity with spousal consent and elect to receive another form of payment.
ANSWER: Spousal consent is required if a married participant designates a nonspouse primary beneficiary and may be necessary if a 401(k) plan offers one or more annuity forms of distribution. Here is a summary of these rules and the way many 401(k) plans avoid spousal consents.
This special payment form is often called a qualified joint and survivor annuity or QJSA payment form. This benefit is paid to the participant each year and, on the participant's death, a survivor annuity is paid to the surviving spouse.
QJSA rules apply to money-purchase pension plans, defined benefit plans, and target benefits. They can also apply to profit-sharing and 401(k) and 403(b) plans, but only if so elected under the plan.
Under ERISA, a surviving spouse is usually the automatic beneficiary of a retirement plan (There may be some exceptions. For example, the spouse may have to be married to the employee for a certain amount of time). The spouse must consent in writing if the employee wishes to name someone else as the beneficiary.
A qualified pre-retirement survivor annuity (QPSA) provides monetary distribution to a surviving spouse of a deceased employee. The employee must be under a qualified plan in order for compensation to occur. The Employee Retirement Income Security Act (ERISA) dictates how payments are to be calculated.
A QJSA is when retirement benefits are paid as a life annuity (a series of payments, usually monthly, for life) to the participant and a survivor annuity over the life of the participant's surviving spouse (or a former spouse, child or dependent who must be treated as a surviving spouse under a QDRO) following the
Qualified Joint and Survivor Annuity (QJSA) includes a level monthly payment for your lifetime and a survivor benefit for your spouse after your death equal to the percentage designated of that monthly payment.
The QJSA payment form gives your spouse, the annuitant, a retirement payment for the rest of his or her life. Under the QJSA payment form, after your spouse dies, the contract will pay you, the surviving spouse, at least 50% percent of the retirement benefit that was paid to your spouse, the annuitant.
