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. Under ERISA, a surviving spouse is usually the automatic beneficiary of a retirement plan (There may be some exceptions.Please fill out each section completely and use additional forms if necessary. 1. Exemption from ERISA. As a government-sponsored plan, the MCPS Employees. The fiduciary rules generally apply to retirement plans, health plans, and other welfare plans alike, provided those plans are subject to ERISA. Did you earn a retirement benefit from a private-sector employer who lost track of you when your plan ended? Where can I obtain a Fire Report and is there a fee? If you are married, federal law says your spouse is automatically the beneficiary of a 401k or other pension plan. Fill out only the spaces needed.