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Unlocking Estate Planning Strategies for Avaya Holdings Employees: The Benefits of Intentionally Defective Grantor Trusts

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Healthcare Provider Update: Avaya Holdings offers health insurance coverage to its U.S. employees through Aetna-administered plans. Benefits include medical, dental, vision, and life insurance, along with access to Health Savings Accounts (HSAs), disability coverage, and preventive care services. Avaya Holdings Healthcare costs in the United States are projected to continue rising through 2026, with insurers proposing significant premium increases for Affordable Care Act (ACA) plans. A recent analysis found that ACA insurers are seeking a median premium increase of 15% for 2026, marking the largest hike since 2018. This surge is attributed to factors such as the anticipated expiration of enhanced premium tax credits, rising medical costsincluding expensive medications and increased hospital staysand a shift in the risk pool towards higher-cost enrollees. Without the renewal of enhanced subsidies, out-of-pocket premiums for ACA marketplace enrollees could increase by more than 75% on average. Click here to learn more

The prudent distribution and conservation of assets for future generations are critical in the field of wealth management and estate planning, particularly in light of the intricate tax consequences for large estates. Making sure that, as Avaya Holdings employees, your assets—whether they be cash, investments, or real estate—are transferred to specified beneficiaries in the most tax-efficient way possible is the cornerstone of successful estate planning. This includes reducing the effect of gift and estate taxes in order to protect the financial legacy that one hopes to leave behind.


One of the most important aspects of advanced estate planning is the use of trusts as means of accomplishing a variety of planning goals for Avaya Holdings individuals. However, gift tax obligations may arise if significant assets or big quantities of money are transferred into these trusts right away. Conventional methods like sprinkling, Crummey power, or five-and-five power might provide answers, but because of their unique drawbacks and complexity, they aren't always the best.

Creating an Intentionally Defective Grantor Trust (IDGT) is a particularly smart approach. By taking advantage of tax laws to the estate planner's advantage, this trust structure is intended to get around the disadvantages of direct asset transfers. The IDGT is based on the idea that although while assets placed in the trust are not included in the grantor's taxable estate for gift, estate, and generation-skipping transfer taxes, the grantor is nonetheless liable for paying income taxes on the income these assets produce. Due to this unusual setup, which makes the trust 'defective' for tax purposes, the value of the assets held in the IDGT increases without extra gift taxes being paid, allowing the assets to appreciate tax free.

The irreversible nature of the IDGT and its distinct tax treatment are what define it. For gift and inheritance tax reasons, assets deposited into the trust are almost undetectable to the Internal Revenue Service (IRS); yet, the grantor is taxed on the income these assets generate. The beneficiaries of the trust gain from this arrangement because development within the trust is made possible without incurring gift taxes thanks to the grantor's payment of income taxes on trust revenues. Moreover, as long as the transactions are carried out at fair market value, the trust is fiscally efficient because neither capital gains taxes nor gift taxes are applied to the transactions.


The relevance of IDGTs to Avaya Holdings employees is highlighted by the possibility of lowering the estate tax lifetime exemption from $13.61 million in 2024 to as low as $7 million, given the impending expiration of the Tax Cuts and Jobs Act in 2026. In order to lessen the increasing tax burden on large estates, this shift would raise the necessity for thoughtful estate planning.

Limited partnership interests and other assets that might take advantage of valuation discounts are particularly beneficial when deciding which kinds of assets to include in an IDGT. These discounts, which can vary from 35 to 45 percent, are based on the fact that these assets have limited control and market liquidity, which lowers the gift's taxable value and maximizes tax savings.

A direct gift and an installment sale are frequently used in tandem when transferring assets into an IDGT. This plan facilitates the gradual transfer of wealth in a tax-efficient manner and allows the grantor to efficiently take advantage of valuation discounts. The usefulness of this planning tool is demonstrated by the example of a wealthy person who uses an IDGT to leave a sizable amount of their estate to their children while also making sure they have enough cash on hand to pay any estate taxes by purchasing life insurance.

The purpose of the 'intentional defectiveness' of the trust is to keep the assets out of the grantor's taxable estate by having the grantor pay income taxes on trust revenues even though they are not theirs. This arrangement provides a strong answer to the problem of estate tax liability in addition to increasing asset growth within the trust for the benefit of the grantor's beneficiaries.

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The assets in the IDGT transfer to the beneficiaries estate tax-free upon the grantor's death, provided they have not been sold and are not included in the grantor's taxable estate. This feature enables a future inheritance tax liability reduction while preserving the grantor's spouse's access to the assets through the possible incorporation of a spousal lifetime access trust (SLAT) inside the estate plan.

To sum up, the Intentionally Defective Grantor Trust is a fundamental component of sophisticated estate planning, providing a sophisticated and successful approach to the generational transfer and preservation of wealth. As these trusts are complicated and the tax regulations governing them are complex, it is essential to get the advice of a professional financial planner, accountant, or estate-planning attorney. Avaya Holdings employees can guarantee the lasting legacy of their estates, reduce tax obligations, and maximize the financial advantages left to their descendants by carefully structuring and utilizing IDGTs.

In order to increase their estate planning in 2024, Avaya Holdings individuals want to take into account the possible advantages of making Qualified Charitable Distributions (QCDs) from their Individual Retirement Accounts (IRAs). QCDs permit direct gifts to qualified charities of up to $100,000 annually for individuals 70½ years of age and above, without the distribution being counted as taxable income. This approach minimizes Medicare Part B and Part D premiums and lowers Adjusted Gross Income (AGI), which may lessen the tax burden on Social Security benefits and promote charitable objectives. This method is in line with wealth transfer tactics that minimize taxes, making it especially attractive to retirees and those making retirement plans. 

Think of your riches as a valuable, vintage wine collection that you would like to leave for your family. Intentionally Defective Grantor Trusts (IDGTs) function as sophisticated asset storage, much how climate-controlled wine cellars help maintain the quality and worth of wine over time. This cellar, designed with the ideal circumstances (tax techniques), guarantees that your money (collection) evolves flawlessly, increasing its value without losing a penny to needless taxes. You can preserve your wine and pass it on to future generations at its best condition without having to pay the customary estate and gift taxes by moving it into this dedicated cellar. The same way a wine enthusiast painstakingly organizes the growth and maintenance of their collection, you too need to carefully arrange the transfer of your wealth to make sure it works best for your family and is preserved and grown until it's time to enjoy it.

How can employees at Avaya Inc. ensure they are adequately prepared for retirement, considering the various types of pensions available under the Avaya Inc. Pension Plan? What steps should be taken to understand the key features of the pension plan, and how can they assess their individual needs relative to the benefits offered by Avaya Inc.?

Preparation for Retirement at Avaya Inc.: Employees at Avaya Inc. should first review the company’s Summary Plan Description for the pension plan details, which outline the types of pensions available and the processes for claiming them. It's crucial to understand the different pension types—service, deferred vested, and disability pensions—each with specific eligibility criteria and benefits. To prepare adequately, employees should estimate their pension benefits using tools provided by Avaya Inc., attend financial planning seminars offered by the company, and consider consulting with a financial advisor to assess how the pension fits into their broader retirement strategy.

Can you elaborate on the service pension eligibility criteria set by Avaya Inc.? How does age and credited service interact with this criterion, and what unique circumstances should employees at Avaya Inc. be aware of that may affect their eligibility for a service pension?

Service Pension Eligibility Criteria at Avaya Inc.: Eligibility for a service pension at Avaya Inc. is determined by age and credited service. Employees qualify at any age with 30 years of service, at age 50 with 25 years, at 55 with 20 years, and at 65 with 10 years. It’s essential for employees to understand that these criteria are strict; for instance, an employee aged 51 with 24 years of service does not qualify. Employees should plan their retirement age accordingly and consult with HR to confirm their credited service years.

What are the implications of early retirement under the Avaya Inc. Pension Plan? Employees at Avaya Inc. who are considering early retirement should understand both the benefits and potential losses associated with taking retirement benefits before the age of 55.

Implications of Early Retirement: Opting for early retirement at Avaya Inc. can lead to reduced pension benefits, especially if retirement occurs before age 55 with less than 30 years of service. The plan applies an early commencement discount, reducing the pension by 1/2% for each month before age 55. Employees considering early retirement should carefully evaluate how the reduction impacts their financial stability and may want to strategize with HR or a financial advisor to mitigate the reduction's effect.

What is the process for employees at Avaya Inc. to claim a deferred vested pension, and what specific conditions must be met for them to initiate this process? Employees must be informed about the timeline required for claims as well as the potential impact of their age and service duration on their pension amounts.

Claiming a Deferred Vested Pension: To claim a deferred vested pension at Avaya Inc., employees must meet certain conditions, such as being vested and having terminated employment. The pension commencement generally aligns with reaching age 65 or upon earlier termination. Employees must contact the Avaya Pension Service Center to initiate the process, providing necessary documentation and adhering to specified timelines, ensuring they understand the impact of early commencement on their pension amounts.

In what ways does Avaya Inc. support employees returning to work after retirement? Specifically, how does reemployment affect the pension benefits that retirees receive? Employees should consider how their decisions to return to work may minimize or suspend their pension benefits.

Returning to Work Post-Retirement: If an employee at Avaya Inc. returns to work after retirement, their pension benefits might be suspended or reduced, depending on the terms outlined in the pension plan. This policy is intended to adjust benefits when retirees re-enter the workforce, potentially affecting their financial planning. Employees should verify the specific rules with the pension service center and consider the financial implications before deciding to return to work.

How does the Mandatory Portability Agreement (MPA) influence the retirement benefits of Avaya Inc. employees transitioning between positions in affiliated companies? Employees should understand how service credit is recognized and transferred under the MPA and its impact on their retirement planning.

Impact of the Mandatory Portability Agreement (MPA): The MPA affects Avaya Inc. employees transitioning between positions within affiliated companies, allowing for the transfer of service credits. This agreement is crucial for employees moving within the company structure, as it ensures that their pension benefits are maintained and accurately calculated based on cumulative service, fostering seamless transitions and sustained benefit accrual.

What key information should employees at Avaya Inc. know regarding their rights under the Employee Retirement Income Security Act (ERISA) as they navigate the pension benefit process? Understanding ERISA rights is crucial for employees to effectively advocate for their benefits and understand their protections.

Understanding ERISA Rights at Avaya Inc.: Employees at Avaya Inc. should be aware of their rights under the Employee Retirement Income Security Act (ERISA), which safeguards employees' benefits. Understanding these rights is essential for effectively managing their pension plans and ensuring they receive all entitled benefits. Employees should familiarize themselves with the claim and appeal procedures provided in the plan documents to advocate effectively for their rights.

How do survivor benefits work under the Avaya Inc. Pension Plan? Employees and their beneficiaries should be aware of the conditions under which these benefits are paid and how they can designate beneficiaries to ensure compliance with Avaya Inc. policies.

Survivor Benefits under Avaya Inc. Pension Plan: Avaya Inc.'s pension plan provides survivor benefits, which are crucial for employees to arrange financial security for their beneficiaries. Understanding the conditions under which these benefits are paid and how to designate beneficiaries properly ensures that the employees' families are protected in case of the employee's death.

Can you explain the significance of the Pension Benefit Guaranty Corporation (PBGC) in relation to the retirement benefits that employees of Avaya Inc. may expect? Understanding the role of the PBGC could help clarify what protections are in place for employees in the case of plan termination.

Role of the Pension Benefit Guaranty Corporation (PBGC): The PBGC plays a protective role for Avaya Inc. employees by ensuring that pension benefits are secure even if the plan faces financial difficulties. Employees should understand how the PBGC's coverage affects them, particularly in scenarios where the company’s pension plan might be terminated or underfunded.

If Avaya Inc. employees want to learn more about their pension benefits or have specific questions about the retirement process, who should they contact and what resources are available to them? This question prompts employees to engage with the Avaya Inc. Pension Service Center and access information crucial for their retirement planning.

Accessing Pension Information and Assistance: Employees seeking more information about their pension benefits or needing specific help regarding their retirement process should contact the Avaya Pension Service Center. This center provides detailed guidance, handles claims and appeals, and offers comprehensive support to ensure employees understand and can effectively manage their pension benefits.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Avaya Holdings has announced a major restructuring plan involving significant layoffs and changes to their benefits and retirement plans. The company is focusing on streamlining operations to improve profitability, which includes reducing its workforce and altering pension and 401(k) contributions for current employees.
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For more information you can reach the plan administrator for Avaya Holdings at 350 Mt Kemble Ave Morristown, NJ 7960; or by calling them at +1 908-953-6000.

*Please see disclaimer for more information

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