For example, Federal, state, or local government plans and some church plans are not covered. Generally, an ERISA plan participant can select just about anyone to be their beneficiary.If you have a 401(k) and want your spouse to be the beneficiary, you should still fill out a beneficiary designation form, naming your spouse. â—‹ The spouse must be the beneficiary of the participant's full benefit unless the spouse has consented to the alternative beneficiary. Including the 401k plan account subject to the litigation in the Herbert case. When it comes to retirement plan assets, ERISA 3(8) allows participants to designate beneficiaries directly. IICLE offers Illinois lawyers effective practice guidance and CLE credit in a variety of formats.