Democratic bill would require spousal consent for 401(k) distributions

Democratic bill would require spousal consent for 401(k) distributions
Legislation would extend spousal protections used in pensions to defined-contribution plans.
AUG 07, 2023

Spousal consent would be required to start most distributions from 401(k) plans, under two companion bills sponsored by Democrats in Congress.

The legislation aims to make defined-contribution plans more similar to traditional pensions in that regard. Unlike defined-benefit plans, DC plans aren't legally required to make account holders get sign-off from a spouse when initiating payouts other than required minimum distributions or those made in the form of one of a few types of annuities, such as qualified joint and survivor annuities.

Those bills, sponsored by Rep. Lauren Underwood, D-Ill., and Sen. Tammy Baldwin, D-Wis., were introduced in late July. The provisions in the legislation are not new, having been included last year as part of a wider bill titled "Protecting America’s Retirement Security Act of 2022."

The issue around protections for spouses in DC plans was highlighted this year in AARP's policy book for the current session.

“Such protection for spouses is unavailable in individual retirement accounts and rare in DC plans. Thus, employees can withdraw and use 401(k) and IRA assets without spousal consent,” that group wrote. “This is a serious shortcoming. However, when designating who should be the beneficiary in the case of death, DC participants cannot specify a beneficiary other than the spouse.”

Although employer-sponsored DC plans like 401(k)s can include provisions requiring spousal consent, they do not have to, and many do not.

The full text of the two recent bills was not yet available on Congress’ site. Underwood’s office did not respond by press time for a copy of the proposed bill, which has been referred to committee.

The spousal consent provisions included in the version of the legislation introduced last year specify that if a plan doesn't include certain types of annuities or lifetime payment options, an account owner could still take a distribution without written spousal consent if half of the amount goes into a retirement account owned by the spouse.

According to GovTrack, a site that monitors and assesses the likelihood of bills progressing, the 401(k) spousal consent legislation stands just a 1% chance of getting out of committee and has no chance of being enacted.

Save money, boost income using these year-round tax strategies

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today’s choppy market waters, says Myles Lambert, Brighthouse Financial.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave