Estate planning at MissionSquare

Usually not — and this catches people out, because the answer is the opposite of what it would be in a private-sector 401(k). A governmental 457(b) is a governmental plan, and Title I of ERISA does not apply to governmental plans (ERISA section 4(b)(1), 29 U.S.C. section 1003(b)(1)), so the ERISA spousal-consent machinery simply never attaches. MissionSquare's Beneficiary Designation Form reflects exactly that: the ONLY trigger it lists for 457(b) spousal consent is living in a community property state — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin. In those nine states a married participant must name their spouse as primary beneficiary for at least 50% of the account unless the spouse waives it in writing. And the 457(b) waiver has a stricter witness rule than the other plans: it must be witnessed by a NOTARY PUBLIC. An authorized employer plan representative can witness a 401 or 403(b) spousal waiver, but not a 457(b) community-property waiver. Outside a community property state, a married public employee can name whomever they like on a 457(b) without their spouse signing anything. If the account is a 401 or 403(b) instead, the plan's own rules govern — many require the spouse as primary for 100% unless waived. Confirm with MissionSquare (401: 800-669-7400; 403(b): 833-438-4032).