Generally, an ERISA plan participant can select just about anyone to be their beneficiary. Typically, a plan participant selects their spouse, children, or other family members.
An eligible designated beneficiary (EDB) must be an individual, and not a nonperson entity such as a trust, an estate, or a charity (which would be not designated beneficiaries).
The Newlywed Game and Beyond. The retirement plan rules specify that for a married participant, the default beneficiary is his or her spouse.
In most states, a surviving spouse automatically inherits community property assets. This generally includes all property, such as the couple's home, bank accounts, and cars, that the couple comes to own during their marriage. However, property owned before the marriage, gifts, and inheritances are still separate.
More In Retirement Plans Many plans require that the spouse is the primary beneficiary, unless the spouse gives written consent to an alternative beneficiary. A plan participant should review and possibly change his or her beneficiaries when his or her spouse dies.
You can name almost anyone as your beneficiary. such as your children, your parents, siblings, a friend, or your favorite charity. If you are married, your spouse is assumed to be your beneficiary. You will need their permission to designate a different primary beneficiary.
The Spouse Is the Automatic Beneficiary for Married People A federal law, the Employee Retirement Income Security Act (ERISA), governs most pensions and retirement accounts.
Contact your regional EBSA office to file a complaint or an appeal after exhausting your insurance appeals process. You can also find ERISA information through the U.S. Department of Labor online at .dol/ebsa.