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Spousal Consent Required for Defined Contribution Plan Distributions

This Act mandates written spousal consent for most distributions and beneficiary changes in defined contribution retirement plans, such as 401(k)s. The legislation aims to enhance financial security for spouses, particularly women. It also authorizes funding for financial literacy programs and legal assistance for obtaining qualified domestic relations orders (QDROs).
Key points
Defined contribution plans generally require written spousal consent for distributions and changes to beneficiaries.
A distribution of the entire accrued benefit is permitted without standard spousal consent if 50% of the benefit is transferred to the spouse's individual retirement plan (IRA).
The law authorizes grants to improve financial literacy for women and assist low-income individuals in securing retirement asset division orders.
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Additional Information
Women's Retirement Protection Act
Print number: S 2627
Sponsor: Sen. Baldwin, Tammy [D-WI]
Process start date: 2023-07-27