Page:United States Statutes at Large Volume 98 Part 2.djvu/272

 98 STAT. 1432

PUBLIC LAW 98-397—AUG. 23, 1984

"(ii) in the case of a participant who dies on or before the date on which the participant would have attained the eariiest retirement age, such participant had— "(I) separated from service on the date of death, "(II) survived to the earUest retirement age, "(III) retired with an immediate qualified joint and survivor annuity at the earliest retirement age, and "(IV) died on the day after the day on which such participant would have attained the earliest retirement age, and "(B) under the plan, the earliest period for which the surviving spouse may receive a payment under such annuity is not later than the month in which the participant would have attained the earliest retirement age under the plan. "(2) In the case of any individual account plan or participant described in subparagraph (B) or (C) of subsection (b)(D, the term 'qualified preretirement survivor annuity' means an annuity for the life of the surviving spouse the actuarial equivalent of which is not less than 50 percent of the account balance of the participant as of the date of death. "(f)(1) Except as provided in paragraph (2), a plan may provide that a qualified joint and survivor annuity (or a qualified preretirement survivor annuity) will not be provided unless the participant and spouse had been married throughout the 1-year period ending on the earlier of^ "(A) the participant's annuity starting date, or "(B) the date of the participant's death. "(2) For purposes of paragraph (1), if— "(A) a participant marries within 1 year before the annuity starting date, and "(B) the participant and the participant's spouse in such marriage have been married for at least a 1-year period ending on or before the date of the participant's death, such participant and such spouse shall be treated as having been married throughout the 1-year period ending on the participant's annuity starting date. "(g)(1) A plan may provide that the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity will be immediately distributed if such value does not exceed $3,500. No distribution may be made under the preceding sentence after the annuity starting date unless the participant and the spouse of the participant (or where the participant has died, the surviving spouse) consent in writing to such distribution. "(2) If— "(A) the present value of the qualified joint and survivor annuity or the qualified preretirement survivor annuity exceeds $3,500, and "(B) the participant and the spouse of the participant (or where the participant has died, the surviving spouse) consent in writing to the distribution, the plan may immediately distribute the present value of such annuity. "(3) For purposes of paragraphs (1) and (2), the present value of a qualified joint and survivor annuity or a qualified preretirement survivor annuity shall be determined as of the date of the distribu-

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