Our ERISA attorneys at the Peace Law Firm describe some issues involving ERISA plans and beneficiaries. Contact us for help today.I fear that my father's new wife is automatically considered the beneficiary under ERISA stipulations, although my grandfather was listed as the beneficiary. ERISA provides that a person who is an alternate payee under a QDRO generally shall be considered a beneficiary under the plan for purposes of. ERISA. The most important facts they need to know about their retirement and health benefit plans including plan rules, financial information, and documents. Married individual retirement account owners generally do not need spousal consent before designating a beneficiary other than their spouse. Beneficiary Rights Under ERISA Plans. Depending on your plan administrator, you may be able to complete the beneficiary designation form online. Under ERISA, a pension plan is defined as a plan, fund, or program that provides retirement income to employees, or that results in a deferral of income by. If your beneficiary dies before you, your monthly benefit will not change.