TITLE 26. INTERNAL REVENUE CODE § 417. Definitions and special rules for purposes of minimum survivor annuity requirements., 26 USCS § 417

Summary

(a) Election to waive qualified joint and survivor annuity or qualified preretirement survivor annuity.

(1) In general. A plan meets the requirements of section 401(a)(11) [26 USCS § 401(a)(11)] only if—

(A) under the plan, each participant—

(i) may elect at any time during the applicable election period to waive the qualified joint and survivor annuity form of benefit or the qualified preretirement survivor annuity form of benefit (or both),

(ii) if the participant elects a waiver under clause (i), may elect the qualified optional survivor annuity at any time during the applicable election period, and

(iii) may revoke any such election at any time during the applicable election period, and

(B) the plan meets the requirements of paragraphs (2), (3), and (4) of this subsection.

(2) Spouse must consent to election. Each plan shall provide that an election under paragraph (1)(A)(i) shall not take effect unless—

(A)

(i) the spouse of the participant consents in writing to such election, (ii) such election ...