It's in an ERISA account owner's best interest to have specific beneficiaries designated in retirement accounts. This will facilitate the transfer of assets.Naming beneficiaries can keep your 401(k) out of probate court. You can name almost anyone as your beneficiary. 5 Under ERISA and the Internal Revenue Code, the spouse must be named as the beneficiary unless the spouse waives that right. 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. If the spouse has NOT waived her rights under this plan, then she is the beneficiary REGARDLESS of what a beneficiary designation says. 2. To designate a Beneficiary or Beneficiaries, complete the "Beneficiary Designation" section of this form. 3. Naming the spouse as beneficiary, with the expectation that the spouse will complete the charitable gift, either during life or at his or her later death. What looks like a simple fillintheblanks exercise can lead to unintended tax and nontax consequences.