ERISA Pensions, Plans, and 401ks - Virginia Securities Fraud Lawyer. At the time of divorce, Virginia law revokes any revocable designation naming the former spouse as a beneficiary.The beneficiary designation form functions to instruct the bank or financial institution (the custodian) about who will inherit the accounts. ERISA is a sweeping federal law that overrides most state laws because of something called preemption. × Visit the LIS Learning Center to learn more about the features of the Virginia State Law Portal. These creditor debts are paid out of the estate's probate assets before final distributions are made to beneficiaries. Defined Contribution Plans. ERISA is a federal law that establishes certain standards for retirement plans in the private industry. XIX discusses ERISA ESOP litigation.