3792. What survivor benefits must be provided under a qualified plan?Nuco Employeercline202010-08-31T22:53:00Z2015-07-20T13:34:00Z2015-07-20T13:34:00Z24232415Summit Business Media205283314 QJSA QPSA qualified joint survivor annuity preretirement2005-01-19T00:00:00ZTaxFactsDefaultArticleSite Map/Retirement Plans/Pension And Profit Sharing/Qualification/Distribution/Automatic Survivor Benefit115990337-00-tf1.xml339.00;#2258;#0x010100C568DB52D9D0A14D9B2FDCC96666E9F2007948130EC3DB064584E219954237AF3900242457EFB8B24247815D688C526CD44D009C4E67E972694125ABDA91AC61F5E51FTax Facts 1What forms of survivor benefits must be provided under a qualified plan?70400.0000000000TaxFactsDefaultArticleSBMEDIA\moss-admin2010-01-14T23:36:44Z3792. What survivor benefits must be provided under a qualified plan?Plans that are subject to the automatic survivor benefit requirements (Q 3791), sometimes referred to as the QJSA requirements, must provide that, unless waived by the participant with the consent of the spouse (Q 3800), retirement benefits will be paid in the form of a “qualified joint and survivor annuity.”.IRC Sec. 401(a)(11); Treas. Reg. §1.401(a)-20. An unmarried participant must be provided with a life annuity, unless he or she elects another form of benefit..Treas. Reg. §1.401(a)-20, A-25. Furthermore, such plans must provide that if a vested participant dies prior to the annuity starting date, benefits will be paid to a surviving spouse in the form of a “qualified preretirement survivor annuity.” This benefit requirement may be waived by the participant with the consent of his or her spouse (Q 3800). These requirements apply to all pension plans but only to certain profit sharing plans. This requirement only applies to profit sharing plans where the document specifies the normal form of benefit is payable as an annuity or where the profit sharing plan contains pension plan assets of a plan of the employer that were merged into the profit sharing plan. Most profit sharing plans do not specify that benefits be paid in the form of an annuity..Treas. Reg. §1.401(a)-20, A-11. When a plan is subject to these requirements, notices are required advising the participant and spouse of their benefits. Thus, benefits cannot be paid from a pension plan unless the participant (and spouse, if married) elects not to receive the annuity payment.An exception to these general rules applies if the present value of the participant’s benefit does not exceed $5,000 and the plan specifies that a lump sum payout will be paid without need for consent of either the participant or spouse. This payment is only available if the participant and the participants’ spouse (or surviving spouse) consents in writing if payment is after the participant’s annuity starting date..IRC Sec. 417(e)(1); Treas. Reg. §1.417(e)-1(b)(2)(i).The annuity starting date is the first day of the first period for which an amount is payable as an annuity regardless of when or whether payment is actually made or, in the case of benefits not payable in the form of an annuity, the date on which all events have occurred that entitle the participant to the benefit..IRC Sec. 417(f)(2); Treas. Reg. §1.401(a)-20, A-10(b)(2). This requirement applies only to those benefits in which a participant was vested immediately prior to his or her death under a defined benefit plan and to all non-forfeitable benefits that are payable under a defined contribution plan..Treas. Reg. §1.401(a)-20, A-12.