When is ERISA preemption permitted? Beneficiary designation forms can cause headaches for benefits administrators

Published Updated 7 Min Read

Benefit administrators, 401(k) vendors, recordkeepers and benefits professionals regularly recommend that participants in qualified retirement plans periodically review and update their beneficiary designation forms. Qualified retirement plans provide that if a married participant dies without a beneficiary designated, the death benefit will be paid to the participant’s spouse, unless the spouse consents in writing to appointing an alternate payee. For a single participant, benefits are paid to their estate if no beneficiary is designated. What could be simpler that merely indicating to whom or to what entity a participant wishes their assets to be transferred in the event of death? Unfortunately, numerous issues arise in connection with the simple task of designating a beneficiary.

 

Frank Palmieri
Partner

Frank Palmieri is an attorney who limits his practice to tax and ERISA employee benefit and employment related matters. Prior to founding Palmieri & Eisenberg, Mr. Palmieri headed the employee … Read full bio


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