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Understanding Creditor Protections forDexCom Employees

Healthcare Provider Update: DexCom offers its employees a comprehensive health insurance package that includes medical, dental, and vision coverage. Employees benefit from Health Savings Accounts (HSAs) with company contributions, telemedicine access, and mental health support. Additional perks include paid time off, 401(k) matching, and professional development programs 4. 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

'DexCom 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, DexCom 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 DexCom, 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. DexCom 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 retirement savings options does DexCom offer to its employees?

DexCom offers a 401(k) savings plan that allows employees to save for retirement through pre-tax and Roth contributions.

Does DexCom match employee contributions to the 401(k) plan?

Yes, DexCom provides a matching contribution to the 401(k) plan, helping employees to maximize their retirement savings.

How can employees at DexCom enroll in the 401(k) plan?

Employees at DexCom can enroll in the 401(k) plan through the company’s HR portal or by contacting the HR department for assistance.

What is the vesting schedule for DexCom's 401(k) matching contributions?

DexCom has a vesting schedule that typically requires employees to complete a certain number of years of service before they fully own the matching contributions.

Can DexCom employees take loans against their 401(k) savings?

Yes, DexCom allows employees to take loans against their 401(k) savings, subject to specific terms and conditions outlined in the plan.

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

The DexCom 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles.

Is there a minimum contribution requirement for the DexCom 401(k) plan?

Yes, DexCom has a minimum contribution requirement for employees who wish to participate in the 401(k) plan, which is outlined in the plan documents.

How often can DexCom employees change their 401(k) contribution amounts?

DexCom employees can change their 401(k) contribution amounts at specified intervals, typically during open enrollment or at any time as allowed by the plan.

What happens to my DexCom 401(k) if I leave the company?

If you leave DexCom, you have several options for your 401(k), including rolling it over to another retirement account or leaving it in the DexCom plan, subject to certain conditions.

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

Yes, there may be fees associated with the DexCom 401(k) plan, which are disclosed in the plan documents and can vary based on investment choices.

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

DexCom offers a 401(k) plan but does not currently provide a defined pension plan for its employees. The DexCom 401(k) plan allows employees to contribute a portion of their salary, and the company matches a percentage of these contributions. As of 2022, the plan's total retirement assets were over $234 million, with 5,430 participants. The plan is accessible to all full-time employees aged 21 and over, with the option to start contributing immediately upon employment. For specific terminology and detailed plan descriptions, DexCom uses standard retirement-related terms like "vesting," "deferral," and "matching contributions." The plan focuses on providing long-term savings opportunities, emphasizing employee participation and the benefits of employer matching.

Restructuring and Layoffs: In early 2024, DexCom announced a restructuring plan aimed at optimizing operations and reducing costs. The company is expected to lay off approximately 5% of its workforce as part of this initiative. This move is a strategic response to the current economic uncertainties and is designed to enhance efficiency and profitability amidst fluctuating market conditions. The importance of addressing this news is heightened by the current economic environment, which is marked by inflationary pressures and changing investment dynamics. Understanding such developments is crucial for assessing the potential impact on employee benefits and job security. Company Benefits and Pension Changes: Alongside the restructuring, DexCom has also made adjustments to its benefits and pension plans. The company has modified its 401(k) match policy, reducing the employer contribution rate from 5% to 3%. Additionally, there have been changes to the pension plan, including a freeze on new pension accruals. These changes reflect broader trends in the industry where companies are reassessing their benefits structures in response to financial pressures. It is essential to monitor these developments as they affect employee retirement planning and long-term financial stability, especially in light of current tax and investment environments.

DexCom provided stock options to executives and key employees, with a four-year vesting schedule. RSUs were granted to align interests with shareholders, typically vesting over three years.

DexCom Careers Page: DexCom's official careers page provides a detailed overview of their employee benefits, including health insurance plans, wellness programs, and other related benefits. Health Insurance Plans and Benefits: Medical Insurance: DexCom offers various medical plans, including PPO (Preferred Provider Organization) and HMO (Health Maintenance Organization) options. Coverage often includes preventive care, emergency services, and specialist visits. Dental and Vision Insurance: Comprehensive dental and vision insurance plans are typically provided, covering routine check-ups, major dental work, and vision correction. Health Savings Accounts (HSAs) and Flexible Spending Accounts (FSAs): Employees can use HSAs or FSAs to manage out-of-pocket expenses with tax advantages. Telehealth Services: Access to virtual consultations and telemedicine is commonly available.