06/04/2026
ERISA mandates that a surviving spouse is the automatic beneficiary of employer-sponsored retirement plan accounts, including 403(b) plans. To override that default and name a non-spouse beneficiary, the participant needs a written spousal consent/waiver that is: Signed by the spouse, Witnessed by a plan representative or notary public, and Specific to the plan and beneficiary being designated.
The battle over one doctor’s retirement account serves as a reminder to update clients’ forms.