Page:United States Statutes at Large Volume 98 Part 2.djvu/282

 98 STAT. 1442

PUBLIC LAW 98-397—AUG. 23, 1984 Any consent by a spouse (or establishment that the consent of a spouse may not be obtained) under the preceding sentence shall De effective only with respect to such spouse. "(3) PLAN TO PROVIDE WRITTEN EXPLANATIONS.— "(A) EXPLANATION OP JOINT AND SURVIVOR ANNUITY.—

Each plan shall provide to each participant, within a reasonable period of time before the annuity starting date (and consistent with such regulations as the Secretary may prescribe), a written explanation of— "(i) the terms and conditions of the qualified joint and survivor annuity, "(ii) the participant's right to make, and the effect of, an election under paragraph (1) to waive the joint and survivor annuity form of benefit, "(iii) the rights of the participant's spouse under paragraph (2), and "(iv) the right to make, and the effect of, a revocation of an election under paragraph (1). Age limitation.

"(B) EXPLANATION OF QUALIFIED PRETIREMENT SURVIVOR

ANNUITY.—Each plan shall provide to each participant, within the period beginning with the first day of the plan year in which the participant attains age 32 and ending with the close of the plan year preceding the plan year in which the participant attains age 35 (and consistent with such regulations as the Secretary may prescribe), a written explanation with respect to the qualified preretirement survivor annuity comparable to that required under subparagraph (A). "(4) SPECIAL RULES WHERE PLAN FULLY SUBSIDIZES COSTS.—

"(A) IN GENERAL.—The requirements of this subsection shall not apply with respect to the qualified joint and survivor annuity form of benefit or the qualified preretirement survivor annuity form of benefit, as the case may be, if the plan fully subsidizes the costs of such benefit. "(B) DEFINITION.—For purposes of subparagraph (A), a plan fully subsidizes the costs of a benefit if under the plan the failure to waive such benefit by a participant would not result in a decrease in any plan benefits with respect to such participant and would not result in increased contributions from such participant. "(5) APPLICABLE ELECTION PERIOD DEFINED.—For purposes of this subsection, the term 'applicable election period' means— "(A) in the case of an election to waive the qualified joint and survivor annuity form of benefit, the 90-day period ending on the annuity starting date, or "(B) in the case of.an election to waive the qualified preretirement survivor annuity, the period which begins on the first day of the plan year in which the participant attains age 35 and ends on the date of the participant's death. In the Case of a participemt who is separated from service, the applicable election period under subparagraph (B) with respect to benefits accrued before the date of such separation from service shall not begin later than such date. "(b) DEFINITION OF QUALIFIED JOINT AND SURVIVOR ANNUITY.—For

Ante, p. 1440.

purposes of this section and section 401(a)(ll), the term 'qualified joint and survivor annuity' means an annuity—

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