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Understanding Creditor Protections forCrestwood Equity Partners Employees

Healthcare Provider Update: Healthcare Provider for Crestwood Equity Partners: Crestwood Equity Partners primarily utilizes industry-standard options for employee health insurance, typically engaging with larger national providers that participate in the Affordable Care Act (ACA) marketplace. The specific healthcare provider might vary based on the plan options selected during annual open enrollment. Employees are encouraged to check with Crestwood's HR department for the precise provider details relevant to their benefits package. Potential Healthcare Cost Increases in 2026: As 2026 approaches, Crestwood Equity Partners employees face the prospect of significant healthcare cost increases. Premiums for ACA marketplace insurance are anticipated to rise sharply, with some states experiencing hikes exceeding 60%. This surge is largely driven by the potential expiration of enhanced federal subsidies, coupled with escalating medical costs and rate adjustments from major insurers. Consequently, a large portion of employees may see out-of-pocket expenses rise dramatically, significantly impacting their financial planning and access to necessary healthcare services. Click here to learn more

'Crestwood Equity Partners 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, Crestwood Equity Partners 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 Crestwood Equity Partners, 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. Crestwood Equity Partners 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 types of retirement savings plans does Crestwood Equity Partners offer its employees?

Crestwood Equity Partners offers a 401(k) retirement savings plan to help employees save for their future.

Does Crestwood Equity Partners match employee contributions to the 401(k) plan?

Yes, Crestwood Equity Partners provides a matching contribution to employee 401(k) accounts, subject to the plan's terms.

What is the eligibility requirement for employees to participate in Crestwood Equity Partners' 401(k) plan?

Employees of Crestwood Equity Partners are eligible to participate in the 401(k) plan after completing a specified period of service, typically outlined in the plan documents.

Can employees of Crestwood Equity Partners make pre-tax contributions to their 401(k) accounts?

Yes, employees can make pre-tax contributions to their 401(k) accounts at Crestwood Equity Partners, which can help reduce their taxable income.

Does Crestwood Equity Partners offer a Roth 401(k) option?

Yes, Crestwood Equity Partners offers a Roth 401(k) option, allowing employees to make after-tax contributions to their retirement savings.

How often can employees change their contribution rates to the 401(k) plan at Crestwood Equity Partners?

Employees at Crestwood Equity Partners can typically change their contribution rates on a quarterly basis, but specific details can be found in the plan documents.

What investment options are available in the Crestwood Equity Partners 401(k) plan?

The 401(k) plan at Crestwood Equity Partners offers a range of investment options, including mutual funds and other investment vehicles, allowing employees to tailor their portfolios.

How can employees at Crestwood Equity Partners access their 401(k) account information?

Employees can access their 401(k) account information through the plan's online portal or by contacting the plan administrator.

What happens to the 401(k) funds if an employee leaves Crestwood Equity Partners?

If an employee leaves Crestwood Equity Partners, they can choose to roll over their 401(k) funds to another retirement account, withdraw the funds, or leave them in the Crestwood Equity Partners plan if allowed.

Is there a loan option available for employees in the Crestwood Equity Partners 401(k) plan?

Yes, Crestwood Equity Partners may allow employees to take loans from their 401(k) accounts, subject to the plan's specific rules and limits.

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

Crestwood Equity Partners announced a restructuring plan that includes a reduction in workforce and changes to employee benefits, including pension contributions and 401(k) match adjustments. The company is also altering its healthcare benefits to manage rising costs.

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For more information you can reach the plan administrator for Crestwood Equity Partners at 811 Main St., Ste. 3400 Houston, TX 77002; or by calling them at 832-519-2200.