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Understanding Creditor Protections forDelek US Holdings Employees

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'Delek US Holdings 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, Delek US Holdings 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 Delek US Holdings, 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. Delek US Holdings 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 type of retirement plan does Delek US Holdings offer to its employees?

Delek US Holdings offers a 401(k) retirement savings plan to its employees.

How can employees of Delek US Holdings enroll in the 401(k) plan?

Employees of Delek US Holdings can enroll in the 401(k) plan through the company’s HR portal or by contacting the HR department for assistance.

Does Delek US Holdings match employee contributions to the 401(k) plan?

Yes, Delek US Holdings provides a matching contribution to employee contributions made to the 401(k) plan, subject to certain limits.

What is the maximum contribution limit for the 401(k) plan at Delek US Holdings?

The maximum contribution limit for the 401(k) plan at Delek US Holdings follows the IRS guidelines, which can change annually. Employees should check the current limits each year.

Can employees of Delek US Holdings take loans against their 401(k) savings?

Yes, Delek US Holdings allows employees to take loans against their 401(k) savings, subject to the plan’s terms and conditions.

What investment options are available in the Delek US Holdings 401(k) plan?

The 401(k) plan at Delek US Holdings offers a variety of investment options, including mutual funds, stocks, and bonds, allowing employees to diversify their portfolios.

How often can employees change their contribution amounts to the Delek US Holdings 401(k) plan?

Employees of Delek US Holdings can change their contribution amounts to the 401(k) plan on a quarterly basis, or as specified in the plan documents.

Is there a vesting schedule for the employer match in the Delek US Holdings 401(k) plan?

Yes, Delek US Holdings has a vesting schedule for the employer match, which determines how much of the matched contributions employees are entitled to based on their length of service.

What happens to the 401(k) plan if an employee leaves Delek US Holdings?

If an employee leaves Delek US Holdings, they have several options for their 401(k) savings, including rolling it over to another retirement account or cashing it out, subject to taxes and penalties.

Can employees of Delek US Holdings access their 401(k) funds while still employed?

Employees of Delek US Holdings may be able to access their 401(k) funds through hardship withdrawals, depending on the circumstances and the plan’s rules.

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

Delek US Holdings offers a 401(k) plan for its employees with several features aimed at enhancing retirement savings. Employees are eligible for the company 401(k) plan, which allows them to make pre-tax contributions from their salary. The contribution limits follow the IRS guidelines, which increased to $22,500 for 2023 and $23,000 for 2024. Delek provides a matching contribution up to a specific percentage, although details on the precise matching percentage for 2022-2024 were not readily available. Their 401(k) plan is known to include options for traditional and Roth 401(k) contributions, giving employees flexibility in how they save for retirement. Employees are typically eligible for this plan from the start of employment (SEC.gov) (SEC.gov). For pensions, Delek US Holdings does not offer a traditional defined benefit pension plan to all employees but focuses on their defined contribution 401(k) plan instead. This structure is more common in modern corporate retirement offerings, especially in the refining and logistics sectors. Their focus is on matching contributions and enhancing the overall retirement package through the 401(k) system

Delek US Holdings Restructuring and Layoffs: In early 2024, Delek US Holdings announced a significant restructuring initiative aimed at streamlining its operations. This move includes a reduction in workforce by approximately 10% across its various divisions. The company stated that these layoffs are part of a broader effort to enhance operational efficiency and align with its strategic goals in a challenging economic environment. Importance: Given the current economic uncertainties, such as fluctuating oil prices and geopolitical tensions, it is crucial for employees and stakeholders to stay informed about these changes. The restructuring could impact job security, benefits, and future company performance, making it essential to monitor how these developments unfold.

Delek US Holdings offers a range of stock options and Restricted Stock Units (RSUs) through its long-term incentive plans, primarily focused on motivating key employees and aligning their interests with shareholders. These awards are part of the company’s broader equity incentive plan, which was initially approved in 2017 and updated in 2018. The RSUs and stock options are granted under the Delek US Holdings Equity Incentive Plan and are designed to promote long-term commitment and performance. In 2022, 2023, and 2024, eligible employees received these awards based on their role and performance, with awards vesting over a period of four years. The stock options are tied to the company’s Class A common stock, while performance share units (PSUs) and performance units (PUs) are aligned with total shareholder return (TSR) relative to industry peers.

Health Benefits Overview: Delek US Holdings’ official website provides a broad overview of their benefits package. Key elements often include medical, dental, and vision insurance, health savings accounts (HSAs), flexible spending accounts (FSAs), and wellness programs. Recent Updates: The website may have recent updates about changes in healthcare plans or enhancements in coverage for 2023 or 2024.

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For more information you can reach the plan administrator for Delek US Holdings at 7102 Commerce Way Brentwood, TN 37027; or by calling them at (615) 771-6701.

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