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Understanding Creditor Protections forCisco Systems Employees

Healthcare Provider Update: Healthcare Provider for Cisco Systems: Cisco Systems predominantly collaborates with major national insurers, mainly including Anthem (Elevance Health), UnitedHealthcare, and Aetna, to provide employee healthcare benefits. These collaborations offer a range of plans aimed at ensuring comprehensive health coverage for their employees and their families. Potential Healthcare Cost Increases in 2026: In 2026, employees of Cisco Systems may face significant increases in healthcare costs due to anticipated surges in health insurance premiums. With marketplace plans expected to see hikes of over 60% in some states, combined with the potential expiration of enhanced federal subsidies, out-of-pocket expenditures could rise dramatically. These changes, alongside medical cost inflation projected between 7% to 10%, indicate a challenging landscape for healthcare affordability, urging employees to evaluate their benefits and cost management strategies carefully ahead of these increases. Click here to learn more

'Cisco Systems employees must be aware that while ERISA-qualified plans provide significant protection from creditors, non-ERISA accounts like IRAs are more vulnerable, and it's crucial to understand state-specific laws to ensure full asset security as you approach retirement,' says Tyson Mavar, a representative of The Retirement Group, a division of Wealth Enhancement Group.

'As retirement approaches, Cisco Systems employees should consider not only the strength of their ERISA-qualified plans but also the potential vulnerabilities of non-ERISA accounts, and seek guidance from legal and financial experts to ensure their assets are fully protected,' advises Tyson Mavar, a representative of The Retirement Group, a division of Wealth Enhancement Group.

In this article, we will discuss:

The protection of retirement savings under ERISA-qualified plans.
The limitations of ERISA protection, including potential risks from creditors.
The role of state laws in protecting non-ERISA retirement accounts like IRAs.

For employees at Cisco Systems, an important issue is the security of retirement savings, especially when employees approach the retirement age or are retired. It is generally assumed that all retirement assets are protected from creditors. Nevertheless, the extent to which these assets are protected differs greatly depending on the type of retirement plan and the laws of the state. In this article, we explore the specifics of asset protection.

Plans Covered by ERISA: A Stronghold Against Creditors
Most of the retirement plans that meet the eligibility requirements of the Employee Retirement Income Security Act (ERISA) are generally safe. Such ERISA-qualified plans are also usually safe from the reach of creditors in the event of bankruptcy or civil suits. Importantly, this protection is maintained even if the company sponsoring the plan goes bankrupt. These assets are usually out of the reach of personal creditors.

To meet the ERISA requirements, a retirement plan must be offered by an employer or an employee organization and must meet certain federal requirements regarding membership reporting, funding, and vesting. Typical ERISA-qualified plans include profit-sharing plans, pensions, deferred compensation plans, and 401(k)s.

Furthermore, ERISA applies to some employee health and welfare benefits, such as:

Hospital, surgical, and medical coverage through Health Maintenance Organization (HMO) plans.
Health care Flexible Spending Accounts (FSAs) and Health Reimbursement Arrangements (HRAs).
Dental and vision plans.
Prescription drug programs.
Disability insurance.
Specific welfare benefit plans under sections 419(a)(f)(6) and 419(e).

The anti-alienation clause in these plans prohibits the assignment of benefits and thus keeps the assets beyond the reach of most creditors.

Weaknesses of ERISA-Qualified Plans
Although they are very strong, ERISA plans are not foolproof. They can be subject to claims by:

A former spouse for child support or divorce settlements, with a Qualified Domestic Relations Order (QDRO).
The Internal Revenue Service (IRS) for any unpaid federal income taxes.
The federal government in cases involving fines and penalties for crimes.
Creditors in the event that a plan participant breaches the terms of the plan.

The State of Non-ERISA Plans
The protection of retirement accounts that are not covered by ERISA, such as traditional and Roth IRAs, is not uniform. Some 403(b) plans offered by government or religious organizations may also not be ERISA plans.

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BAPCPA provides some protection for IRA funds in bankruptcy, but such funds are not protected by ERISA.

State Laws and IRA Security
The protection of IRAs and other non-ERISA plans against creditors can vary greatly by state. Some offer little protection, while others offer almost none. It is imperative to know these nuances in order to manage the risk of potential creditor claims. Cisco Systems employees are encouraged to seek the advice of experienced local attorneys in order to navigate these complex legal situations.

Conclusion
The legality of protecting retirement funds from creditors depends on the type of retirement account, state laws, and certain exemptions. Although most employer-sponsored retirement plans are relatively safe, the legal framework is complex, and it is advisable to seek legal advice early to maximize the protection of retirement assets.

Sources:

Mavar, Tyson. The Retirement Group, a Division of Wealth Enhancement Group . Interview. January 2025.

'ERISA: A Guide to Employee Retirement Income Security Act.' U.S. Department of Labor , 2024, www.dol.gov/general/topic/retirement/erisa . Accessed 31 Jan. 2025.

'How Bankruptcy Affects Retirement Accounts.' National Bankruptcy Forum , 2023, www.nationalbankruptcyforum.com/affects-of-bankruptcy-on-retirement-accounts . Accessed 31 Jan. 2025.

'State Laws and IRA Protection.' Retirement Law Journal , vol. 12, no. 4, 2024, pp. 47-52.

'Understanding Qualified Domestic Relations Orders (QDROs).' Internal Revenue Service , 2023, www.irs.gov/retirement-plans/plan-participant-employee/understanding-qualified-domestic-relations-orders . Accessed 31 Jan. 2025.

What is the Cisco Systems 401(k) plan?

The Cisco Systems 401(k) plan is a retirement savings plan that allows employees to save a portion of their salary on a tax-deferred basis.

How can I enroll in the Cisco Systems 401(k) plan?

Employees can enroll in the Cisco Systems 401(k) plan through the employee benefits portal or by contacting the HR department for assistance.

What is the employer match for the Cisco Systems 401(k) plan?

Cisco Systems offers a competitive employer match for contributions made to the 401(k) plan, typically matching a percentage of employee contributions up to a certain limit.

Are there any fees associated with the Cisco Systems 401(k) plan?

Yes, the Cisco Systems 401(k) plan may have administrative fees and investment fees, which are disclosed in the plan documents.

What investment options are available in the Cisco Systems 401(k) plan?

The Cisco Systems 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and company stock.

Can I take a loan from my Cisco Systems 401(k) plan?

Yes, employees may have the option to take a loan from their Cisco Systems 401(k) plan, subject to certain terms and conditions.

What happens to my Cisco Systems 401(k) plan if I leave the company?

If you leave Cisco Systems, you have several options for your 401(k) plan, including rolling it over to an IRA or a new employer’s plan, or cashing it out.

At what age can I start withdrawing from my Cisco Systems 401(k) plan?

You can typically start withdrawing from your Cisco Systems 401(k) plan without penalties at age 59½.

Does Cisco Systems offer financial counseling for 401(k) participants?

Yes, Cisco Systems may provide access to financial counseling services to help employees make informed decisions about their 401(k) investments.

How often can I change my contribution amount to the Cisco Systems 401(k) plan?

Employees can typically change their contribution amount to the Cisco Systems 401(k) plan at any time, subject to plan rules.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.

Cisco Systems provides a 401(k) plan with company matching contributions. Employees can contribute pre-tax or Roth (after-tax) dollars, and Cisco matches 100% of the first 4.5% of eligible compensation. The plan includes various investment options such as target-date funds, mutual funds, and a self-directed brokerage account. Cisco also offers an Employee Stock Purchase Plan (ESPP) with a discount on company stock. Financial planning resources and tools are available to help employees manage their retirement savings.

Cisco is undergoing a major restructuring, which includes laying off thousands of employees to focus on high-growth markets like AI and cloud computing. The company is also planning to acquire Splunk Inc., which is expected to enhance its capabilities in these areas. Cisco offers a 401(k) plan with immediate enrollment and a range of health and wellness benefits for retirees. Staying updated on these benefits is crucial given the current political climate.

Cisco Systems offers both RSUs and stock options to employees. RSUs vest over time and convert into shares, while stock options allow employees to buy shares at a fixed price.

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For more information you can reach the plan administrator for Cisco Systems at 170 W Tasman Dr San Jose, CA 95134; or by calling them at (408) 526-4000.