More In Retirement Plans​​ ERISA protects surviving spouses of deceased participants who had earned a vested pension benefit before their death. 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.A member or beneficiary must complete all required forms before receiving a payment from TRS. When you enroll in a 401(k), you need to name beneficiaries to inherit your 401(k) if you die. The Summary Plan Description (SPD) should include your plan's claims procedures. Usually, you fill out the required paperwork and submit it to the plan. Thousands of people in the United States are eligible for a pension or other retirement benefit that they are unable to locate. ERISA, which governs many retirement plans, has specific rules that can override state laws like those in Texas. Who will receive your property upon your death? Our estate planning attorney explains beneficiary designations.