
A 401k beneficiary designation is a crucial aspect of retirement planning, as it determines who will receive your account balance if you pass away. You can designate a primary beneficiary and one or more contingent beneficiaries.
Your primary beneficiary will receive the majority of your 401k balance, but it's essential to consider naming a contingent beneficiary in case your primary beneficiary predeceases you. This ensures a smooth transfer of assets.
You can name a spouse, child, parent, or anyone else you choose as your beneficiary. However, if you're married, your spouse may have certain rights and responsibilities regarding your 401k account.
Related reading: How to Receive 401k
Understanding 401(k) Beneficiary Designation
You'll be asked to name two types of beneficiaries when enrolling in a 401(k) or moving one from a previous employer: Primary Beneficiary and Contingent Beneficiaries.
Your Primary Beneficiary is your first choice to inherit your 401(k), and if you're married, it's presumed to be your spouse unless you specify otherwise and your spouse agrees in writing.
You can name multiple people and/or entities in each category, so you can split your inheritance between different individuals or charities. The amounts don't have to be even, but they do have to add up to 100%.
For example, you could specify that 80% of the assets in your 401(k) should go to your spouse and the remaining 20% should go to charity.
For more insights, see: Where Does 401k Money Go
Choosing a Beneficiary
If you're married, your spouse is automatically considered the primary beneficiary of your 401(k) account, unless you've designated someone else with their written consent.
You can designate your children or anyone else as primary beneficiaries, but if you're married, your spouse must provide written consent to this arrangement.
Your spouse has preferential treatment under federal law, and is typically given the first claim to your 401(k) account's assets upon your death.
Some plans allow participants to waive this requirement if certain conditions are met, but it's always best to check with your plan administrator to see if this is an option.
Readers also liked: Best Retirement Plans for Married Couples
Here are some key things to keep in mind when choosing a beneficiary:
These exceptions can provide more flexibility for your beneficiaries, but it's essential to understand the rules and requirements of your 401(k) plan.
How To Choose
Choosing a beneficiary for your 401(k) can be a daunting task, but it's essential to get it right. You have different options depending on your personal situation.
For most heirs, there are two options: transferring the assets to an inherited individual retirement account (IRA) or disclaiming the account. If they choose to transfer the money to an inherited IRA, they must withdraw all of it and pay taxes on it within 10 years.
If your heirs are eligible designated beneficiaries, they can take distributions over their life expectancy, rather than within 10 years. This includes surviving spouses, children under 18, disabled or chronically ill individuals, and any other beneficiary who is not more than 10 years younger than the deceased account owner.
Related reading: Inherited 401k 10 Year Rule
To assign a beneficiary, you'll need to follow these steps: click "Beneficiary Summary" on your home page, review your beneficiary designations, click the blue link under the "Plan Description", and select your beneficiary(ies).
Assigning a beneficiary can provide faster access to your loved ones, clear directions, and tax planning benefits. It can also help avoid probate, which can delay access to your money and cost more in legal fees.
Here are some key differences between spousal and non-spouse beneficiaries:
Non-spouse beneficiaries must establish an inherited IRA and transfer the assets into this account, with the entire balance distributed within 10 years of the original account holder's death. This eliminates the option for lifetime distributions.
Married Individuals
If you're married, your spouse is automatically considered the primary beneficiary of your 401(k) account. This means they'll receive 100% of your account balance when you pass away.
You can, however, designate someone other than your spouse as the primary beneficiary, but you'll need your spouse's written consent, typically in the form of a signed and notarized spousal waiver.
Broaden your view: Governmental 457 Plan
Your spouse has a range of options if they inherit your 401(k), including delaying required minimum distributions (RMDs) until their own required beginning date for taking distributions.
Some 401(k) plans allow you to waive the requirement for spousal consent, but this will depend on specific conditions.
If you want to designate your children or anyone else as primary beneficiaries instead of your spouse, you'll need your spouse's written consent.
Here are the steps to assign a beneficiary to your 401(k) account:
- Click “Beneficiary Summary” under My Beneficiaries on your home page.
- Review your beneficiary designations.
- Click the blue link under the "Plan Description" for the benefit you would like to assign.
- Click “Request Designation Change.”
- Select your beneficiary(ies).
- Click “Save Beneficiary Elections.”
- Click “Return to Beneficiary Plan Summary.”
- Click "Submit Changes" at the bottom of the page.
- Click “Submit Changes.”
- Click “OK.”
- Receive the beneficiary designation form by email or mail if you do not have an email address on file.
Changing or Updating a Beneficiary
To change or update a beneficiary, you'll need to contact your 401(k) plan administrator and submit a new beneficiary designation form. This process is usually straightforward and can often be done online.
If you're married, many plans require spousal consent to name someone other than your spouse as the primary beneficiary. This is an important consideration, especially after a divorce.
After a major life event, such as marriage, divorce, having a child, or the death of a loved one, it's essential to update your beneficiaries. You should also review and update your beneficiaries every three to five years.
If a beneficiary dies before you, the fate of your 401(k) funds depends on whether a contingent beneficiary was named. If no contingent beneficiary is listed, the assets typically go to your estate, which could lead to probate.
Here are the key steps to follow:
- Fill out and submit the beneficiary designation form.
- Contact your employer or plan administrator for the form.
- Review and update your beneficiaries after major life events.
- Review and update your beneficiaries every three to five years.
It's also important to understand the different types of beneficiaries, including primary and contingent beneficiaries.
Consequences and Rules
If you don't choose someone as your 401(k) beneficiary, the state might decide who gets your money, which might not match your wishes.
The SECURE Act requires most non-spouse beneficiaries to withdraw all the money from an inherited 401(k) within 10 years, unless they're minors, spouses, or some others.
Taxes can also be a consideration, as traditional 401(k) withdrawals are taxed for beneficiaries, but Roth 401(k) withdrawals are usually tax-free.
Here are some key rules to keep in mind:
- Spousal Consent: Married individuals may need to sign a special consent form to name someone other than their spouse as primary beneficiary.
- Beneficiary designations override will instructions.
- The SECURE Act requires 10-year withdrawal for most non-spouse beneficiaries, with some exceptions.
- Taxes: Traditional 401(k) withdrawals are taxed, while Roth 401(k) withdrawals are usually tax-free.
Consequences of Missing 10-Year Withdrawal Deadline
If a 401(k) beneficiary doesn't make withdrawals within 10 years, they may be subject to a 25% excise tax on the remaining balance. This can be a heavy financial burden, especially if the account is substantial.

The SECURE Act of 2020 introduced this 10-year deadline for non-spouse beneficiaries, making it crucial to plan ahead and set up automatic withdrawals if needed. You don't want to risk facing this penalty.
If the beneficiary is unable to withdraw the funds within the 10-year period, they may be able to reduce the excise tax to 10% by emptying the account within two years. However, this is still a significant tax burden.
To avoid this situation, it's essential to name a beneficiary and set up a withdrawal plan that suits their needs. This way, they can manage the funds responsibly and avoid any potential tax implications.
Here's a summary of the potential consequences of missing the 10-year withdrawal deadline:
Remember, it's always better to plan ahead and set up a withdrawal plan that suits your beneficiary's needs, rather than risking a hefty tax penalty.
Rules for Roth 401(k)s?
Roth 401(k)s have similar beneficiary designation rules as traditional 401(k)s, but with a key difference in tax treatment.
For traditional 401(k) distributions, beneficiaries are subject to income tax.
Qualified distributions from a Roth 401(k), however, are tax-free for the beneficiary.
The 10-year distribution rule under the SECURE Act applies to both types of accounts for non-spouse beneficiaries.
Beneficiary Options and Planning
You can designate your children or anyone else as primary beneficiaries of your 401(k), but if you're married, your spouse must provide written consent to this arrangement.
The beneficiary designations for your 401(k) accounts override any instructions for their disposition that you make in your will, so it's essential to get it right.
Non-spouse beneficiaries must transfer the inherited 401(k) funds into an inherited IRA, which allows the assets to continue growing tax-deferred, but the entire balance must be distributed within 10 years.
You can roll over an inherited 401(k) into your own IRA as a spouse, allowing you to continue growing the assets tax-deferred and manage withdrawals according to your retirement plans.
Spouses can choose to keep the funds in the deceased's 401(k) plan, which may be advantageous if the plan offers investment options or benefits that are not available in other accounts.
To assign a beneficiary to your 401(k) benefit, follow these steps: click "Beneficiary Summary" under My Beneficiaries, review your beneficiary designations, and select your beneficiary(ies).
Curious to learn more? Check out: Tax-deferred Retirement Savings Ira 401k
Here are some options for non-spouse beneficiaries:
- Establish an inherited IRA
- Lump-sum distribution
- Strategic withdrawals
It's a good idea to consider your tax situation and cash flow needs when deciding on a distribution option.
You can also designate beneficiaries for your Texa$aver 401(k) / 457 Program, which requires an approved beneficiary designation form on file.
It's a good idea to talk to a financial advisor to understand how taxes will affect your beneficiaries and make sure your beneficiary choices fit your overall financial plan.
For another approach, see: Good Reasons to Take Out a 401k Loan
Forms
To complete your 401k beneficiary designation, you'll need to fill out the beneficiary designation form. Review the form carefully to ensure you understand the instructions.
If you're in both plans, you'll need to complete both forms. Follow the delivery instructions on each form for returning them to ERS.
You'll need to print and sign your name on each form. Make sure to have an unrelated witness sign their name as well.
Here are the steps to complete the forms:
- Review the form.
- Print and sign your name.
- Have an unrelated witness sign his or her name.
- Return the form to ERS.
If you have questions about your beneficiary, contact Texa$aver directly.
Frequently Asked Questions
You can name multiple beneficiaries, but it's essential to consider the order of designation. Typically, you'll designate primary and contingent beneficiaries.
You can also name a contingent beneficiary as a trust. This allows you to maintain control over the distribution of funds after your passing.
If you're married, your spouse is usually your primary beneficiary. But you can still name other beneficiaries, such as children or other family members.
In some states, a court may override your beneficiary designation if it doesn't follow state law. This can happen if you've named a beneficiary who's not a family member.
You can change your beneficiary designation at any time, but it's a good idea to review and update it regularly. This ensures your wishes are carried out as intended.
Related reading: Clf Designation
Frequently Asked Questions
What happens if I don't designate a beneficiary on my 401k?
If you don't designate a beneficiary on your 401(k), your spouse will automatically inherit it upon your death. This supersedes any other inheritance plans you may have made in your will.
What are the rules for inheriting a 401k?
Inheriting a 401(k) has new rules: non-spousal beneficiaries must take total payouts within 10 years, or when they reach adulthood if they're minors, and withdrawals are taxed as income
Do beneficiaries have to pay taxes on a 401k?
Beneficiaries of a 401(k) typically pay income tax on the distributed funds. To minimize tax burden, consider planning options.
Featured Images: pexels.com


