Spousal Rights

The Retirement Equities Act of 1984 (REACT) requires spouses of employees in plans subject to ERISA to share their retirement benefits.

A participant's spouse must generally be the designated beneficiary of at least 50 percent of the benefits under the plan by any employee who participated in a retirement plan subject to ERISA after August 22, 1984, unless he or she files a Waiver of Spouse's Right to a Survivor Benefit included in the Designating Beneficiaries form confirming that s/he is not:

• Married; or that
• His/her spouse agrees to permit a non-spouse to be designated the second annuitant; or
• The spouse agrees to an income option that does not provide him/her at least 50 percent of the benefit in the event the first annuitant dies.

TIAA-CREF will not allow a married participant in a plan subject to ERISA sponsored by a private institution to take a distribution in any form other than a joint and survivor annuity unless the spouse has waived his or her rights. TIAA-CREF sends out the required joint and survivor notices to participants at the required time depending on the participant's age and years of service.

View the Designating Beneficiaries form.

As the plan administrator, you may be asked to confirm the marital status of single employees or verify the spouse's signature.