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Understanding Creditor Protections forDun & Bradstreet Holdings Employees

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'Dun & Bradstreet 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, Dun & Bradstreet 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 Dun & Bradstreet 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. Dun & Bradstreet 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.

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

Dun & Bradstreet Holdings offers its employees both a pension plan and a 401(k) plan. The pension plan, referred to as the Dun & Bradstreet Retirement Account, is based on credited service and compensation earned prior to the freeze date of July 1, 2007. This plan follows a traditional defined benefit structure, with benefits calculated using years of service and final average pay. The retirement plan's normal retirement age is typically 65, though employees may become eligible for early retirement based on age and years of service. Participants in the pension plan have access to their benefits at age 59½ with applicable reductions. Dun & Bradstreet employees who were part of the pension plan before July 1, 2007, continue to accrue benefits under this plan (Aon). The company also provides a 401(k) plan known as the Dun & Bradstreet 401(k) Plan, administered by Fidelity. Employees can contribute between 1% to 75% of their annual compensation as regular or catch-up contributions. The company matches contributions up to 7%, although the match percentage varies by employee and is subject to the IRS contribution limits. Eligibility for participation in the 401(k) plan typically requires employees to be at least 21 years old and to have completed at least 1,000 hours of service within a calendar year. The 401(k) plan is flexible, allowing employees to choose between traditional pre-tax contributions and Roth post-tax contributions

Restructuring and Layoffs: Dun & Bradstreet Holdings has been undertaking a significant restructuring plan to streamline its operations and enhance efficiency. In late 2023, the company announced a reduction in its workforce as part of this initiative. This move is aimed at consolidating its global operations and focusing on core business areas. Given the current economic and investment environment, including fluctuations in market performance and evolving tax policies, it is crucial for employees and stakeholders to stay informed about such changes. Understanding these developments can help in making informed decisions about career and investments.

Dun & Bradstreet Holdings offers stock options and RSUs as part of its employee compensation package. Stock options typically provide employees the right to purchase shares at a set price, while RSUs are granted as company shares without a purchase requirement. According to the 2022 10-K filing, stock options and RSUs are awarded to key employees, executives, and directors based on performance and tenure

Dun & Bradstreet Holdings offers comprehensive health benefits to its employees, designed to support their well-being and work-life balance. The company's healthcare benefits include a variety of health plans such as PPOs and high-deductible health plans (HDHPs) with Health Savings Accounts (HSAs). They also provide access to dental, vision, and mental health services. Key healthcare-related terms and acronyms used by the company include: HDHP: High-Deductible Health Plan, allowing employees to pay lower premiums with higher out-of-pocket costs. HSA: Health Savings Account, available for employees enrolled in HDHPs, allowing them to save money pre-tax for medical expenses. EAP: Employee Assistance Program, providing confidential support for employees dealing with personal or work-related issues, including mental health resources. Dun & Bradstreet also encourages a holistic approach to wellness through its Wellness Program, offering employees resources and tools to maintain physical and mental health. In recent years, the company has expanded its telehealth options, allowing employees to access healthcare providers virtually, which gained prominence during the COVID-19 pandemic

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For more information you can reach the plan administrator for Dun & Bradstreet Holdings at 103 JFK Pkwy Short Hills, NJ 7078; or by calling them at (800) 526-9018.

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