A plan beneficiary can file a complaint against the violator but would first need to exhaust specific administrative procedures before filing a lawsuit. Find out more on the Contact page.Bailey Glasser's employee benefits lawyers handle class actions and high stakes individual actions involving employee pension benefits. We encourage parties to submit a Draft Domestic. Relations Order (DRO) for review before submitting the DRO to the court for signature. Under ERISA, a surviving spouse is usually the automatic beneficiary of a retirement plan (There may be some exceptions. With respect to judicial proceedings, the Maryland Rules provide for appointment of a representative for a beneficiary in certain limited circumstances. Below is a list of common exemptions, but you should refer to the law for a complete list of exemptions. ERISA beneficiary designation.