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What are the rules on same sex marriage with regard to 401(k) plans, distribution requests, spousal consent, etc.?

Consent distribution marriage plans regard requests rules spousal
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What are the rules on same sex marriage with regard to 401(k) plans, distribution requests, spousal consent, etc.?

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Neither ERISA nor the Internal Revenue Code recognize same-sex marriage. Since ERISA pre-empts state laws, whether or not individual states recognize same sex marriage does not affect qualified retirement plans. The same-sex partner could be named beneficiary but would not be considered a spouse under ERISA or the Code.

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