BENEFICIARY. To be classified as a beneficiary, you must be either the member's spouse, qualified parent, minor child(ren) or disabled child(ren). Usually, you fill out the required paperwork and submit it to the plan administrator, who then can tell you what your benefits will be and when they will start.An ERISA plan can be held to exist in the absence of a written plan document or compliance with other ERISA requirements. Call 214-219-4220 for help with applying for ERISA-covered benefits. Contact attorney Mark A. Ticer in Dallas. Call 214-219-4220 for help with applying for ERISA-covered benefits. Contact attorney Mark A. Ticer in Dallas. On January 1, 2008, Henry Smith designated his former spouse, Trinette Smith as his primary beneficiary. You cannot designate anyone except your spouse as a beneficiary of your 401(k) unless your spouse signs a written waiver of rights. Missing Participants Program PBGC has a program called the Missing Participants Program, which connects people to their retirement benefit.