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Understanding Creditor Protections forConsolidated Edison Employees

Healthcare Provider Update: Healthcare Provider for Consolidated Edison: Consolidated Edison (Con Edison) primarily utilizes Empire BlueCross BlueShield as its healthcare provider for employee health insurance plans. This offers a range of services including medical, pharmaceutical, and behavioral health benefits for its employees and their families. Potential Healthcare Cost Increases for Consolidated Edison in 2026: As the healthcare landscape changes, Consolidated Edison faces potential challenges with rising health insurance premiums expected in 2026. Experts predict that without the continuation of enhanced federal subsidies, individuals enrolled in ACA marketplace plans may see premium increases exceeding 75%. This surge is driven by escalating medical costs, including hospital and drug prices, which are increasing faster than overall inflation. With major insurers seeking double-digit rate hikes and a significant number of enrollees expected to face higher out-of-pocket costs, Consolidated Edison employees may need to prepare for heightened financial pressures related to their healthcare coverage in the upcoming year. Click here to learn more

'Consolidated Edison 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, Consolidated Edison 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 Consolidated Edison, 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. Consolidated Edison 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 401(k) plan offered by Consolidated Edison?

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

How can employees enroll in the Consolidated Edison 401(k) plan?

Employees can enroll in the Consolidated Edison 401(k) plan by completing the enrollment process through the company’s HR portal or by contacting the HR department for assistance.

Does Consolidated Edison offer a matching contribution to the 401(k) plan?

Yes, Consolidated Edison offers a matching contribution to the 401(k) plan, which helps employees increase their retirement savings.

What is the maximum contribution limit for the Consolidated Edison 401(k) plan?

The maximum contribution limit for the Consolidated Edison 401(k) plan is in line with IRS guidelines, which are updated annually. Employees should check the current limits for the year.

Can employees take loans against their 401(k) savings at Consolidated Edison?

Yes, Consolidated Edison allows employees to take loans against their 401(k) savings, subject to certain terms and conditions.

What investment options are available in the Consolidated Edison 401(k) plan?

The Consolidated Edison 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles, allowing employees to choose based on their risk tolerance.

Is there a vesting schedule for the employer match in the Consolidated Edison 401(k) plan?

Yes, there is a vesting schedule for the employer match in the Consolidated Edison 401(k) plan, which determines how much of the employer contributions employees are entitled to based on their years of service.

How can employees check their 401(k) balance with Consolidated Edison?

Employees can check their 401(k) balance with Consolidated Edison by logging into the retirement plan portal or by contacting the plan administrator.

What happens to the 401(k) savings if an employee leaves Consolidated Edison?

If an employee leaves Consolidated Edison, they have several options for their 401(k) savings, including rolling it over to another retirement account, cashing it out, or leaving it in the Consolidated Edison plan if eligible.

Are there any fees associated with the Consolidated Edison 401(k) plan?

Yes, there may be fees associated with the Consolidated Edison 401(k) plan, which can include administrative fees and investment-related fees. Employees should review the plan documents for detailed information.

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

Consolidated Edison offers a traditional pension plan under the Final Average Pay and CECONY Career Average formulas, which include a Cost-of-Living Adjustment (COLA) to help protect retirement income against inflation. Employees who retired under these formulas receive an automatic COLA, but this does not apply to those under the cash balance formula or hired after June 26, 2005, in certain unions. The pension plan details, including service years and age qualifications, are outlined in the company’s retirement plan documents. Consolidated Edison’s 401(k) plan is managed by Vanguard, offering various investment options. The plan includes employer contributions and is available to all eligible employees. For detailed specifics, refer to the company's 2023 retirement plan documents

Restructuring Layoffs and Company Changes: Consolidated Edison has been actively managing its workforce and financial strategies in response to the evolving energy market. In early 2024, the company announced various structural adjustments, including potential layoffs, to streamline operations and adapt to clean energy initiatives. These actions are critical to address due to the current economic conditions, political pressures to shift towards sustainable energy, and the necessity of maintaining investor confidence amidst market fluctuations. Addressing these workforce adjustments is essential in the current investment climate.

Stock Options: Con Edison provides its employees with stock options, allowing them to purchase shares at a predetermined price. This option becomes valuable if the company's stock price increases over time. The acronym commonly used for these options within the company is ESO (Employee Stock Options). Restricted Stock Units (RSUs): RSUs are awarded to employees as a form of compensation. These units represent a promise to deliver company shares to employees upon meeting certain conditions, such as continued employment over a specific period. The RSUs granted by Con Edison typically vest over a few years, ensuring long-term employee commitment. The RSUs are denoted internally with the acronym RSU.

Healthcare Plans: Con Edison offers comprehensive health benefits through providers like Cigna and CVS Health. For 2024, the Cigna Open Access Plus Copay Plan is a prominent option for retirees under 65 and those who are Medicare-eligible. This plan includes coverage for hospital stays, outpatient services, routine preventive care, and emergency room visits. The benefits also extend to vision care, with coverage for routine eye exams and glasses every 24 months. Cost Management: To manage increasing healthcare costs, especially under Medicare, Con Edison has emphasized the importance of selecting appropriate coverage during open enrollment periods. The company has adjusted its offerings over the years, such as discontinuing the Aetna Non-Medicare plan after 2023 and limiting new enrollments in certain HMOs. Healthcare-Related Acronyms: Specific terms used by Con Edison include "HMO" (Health Maintenance Organization), "PPO" (Preferred Provider Organization), and "FSA" (Flexible Spending Account), which are essential for understanding the various health plan options and associated benefits.

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For more information you can reach the plan administrator for Consolidated Edison at 4 Irving Place New York, NY 10003; or by calling them at (212) 460-4600.

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