Requirement of joint and survivor annuity and preretirement survivor annuity

Each pension plan to which this section applies shall provide that— This section shall apply to— any participant under any other individual account plan unless— In the case of— A plan meets the requirements of this section only if— under the plan, each participant— Each plan shall provide that an election under paragraph (1)(A)(i) shall not take effect unless— 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 of the Treasury may prescribe) a written explanation of— For purposes of clause (i), the term “applicable period” means, with respect to a participant, whichever of the following periods ends last: Each plan shall provide that, if this section applies to a participant when part or all of the participant’s accrued benefit is to be used as security for a loan, no portion of the participant’s accrued benefit may be used as security for such loan unless— If a plan fiduciary acts in accordance with part 4 of this subtitle in— For purposes of this subsection, the term “applicable election period” means— Notwithstanding any other provision of this subsection— For purposes of this section, the term “qualified joint and survivor annuity” means an annuity— For purposes of this section, the term “qualified optional survivor annuity” means an annuity— For purposes of subparagraph (A), if the survivor annuity percentage— For purposes of this section— Except as provided in paragraph (2), the term “qualified preretirement survivor annuity” means a survivor annuity for the life of the surviving spouse of the participant if— the payments to the surviving spouse under such annuity are not less than the amounts which would be payable as a survivor annuity under the qualified joint and survivor annuity under the plan (or the actuarial equivalent thereof) if— in the case of a participant who dies on or before the date on which the participant would have attained the earliest retirement age, such participant had— 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— For purposes of paragraph (1), if— If— For purposes of subparagraph (A)— For purposes of this section— The term “annuity starting date” means— A plan may take into account in any equitable manner (as determined by the Secretary of the Treasury) any increased costs resulting from providing a qualified joint or survivor annuity or a qualified preretirement survivor annuity. If the use of any participant’s accrued benefit (or any portion thereof) as security for a loan meets the requirements of subsection (c)(4), nothing in this section shall prevent any distribution required by reason of a failure to comply with the terms of such loan. No consent of a spouse shall be effective for purposes of subsection (g)(1) or (g)(2) (as the case may be) unless requirements comparable to the requirements for spousal consent to an election under subsection (c)(1)(A) are met. In prescribing regulations under this section, the Secretary of the Treasury shall consult with the Secretary of Labor.