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Understanding Creditor Protections forEnLink Midstream Employees

'EnLink Midstream 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, EnLink Midstream 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 EnLink Midstream, 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. EnLink Midstream 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 primary purpose of the 401(k) plan at EnLink Midstream?

The primary purpose of the 401(k) plan at EnLink Midstream is to help employees save for retirement by allowing them to contribute a portion of their salary on a pre-tax basis.

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

Employees can enroll in the 401(k) plan at EnLink Midstream by accessing the enrollment portal through the company's HR website or by contacting the HR department for assistance.

Does EnLink Midstream offer a company match for 401(k) contributions?

Yes, EnLink Midstream offers a company match for employee contributions to the 401(k) plan, which helps employees increase their retirement savings.

What types of investment options are available in EnLink Midstream's 401(k) plan?

EnLink Midstream's 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles to suit different risk tolerances.

When can employees start contributing to the 401(k) plan at EnLink Midstream?

Employees at EnLink Midstream can start contributing to the 401(k) plan after they have completed their eligibility requirements, typically within their first few months of employment.

What is the maximum contribution limit for the 401(k) plan at EnLink Midstream?

The maximum contribution limit for the 401(k) plan at EnLink Midstream follows the IRS guidelines, which may change annually. Employees should check the current limits for the specific year.

Can employees take loans against their 401(k) balance at EnLink Midstream?

Yes, EnLink Midstream allows employees to take loans against their 401(k) balance, subject to the plan's terms and conditions.

What happens to an employee's 401(k) balance if they leave EnLink Midstream?

If an employee leaves EnLink Midstream, they can choose to roll over their 401(k) balance to another retirement account, cash it out (which may incur penalties), or leave it in the EnLink Midstream plan if allowed.

Is there a vesting schedule for the company match in EnLink Midstream's 401(k) plan?

Yes, EnLink Midstream has a vesting schedule for the company match, meaning employees must work for a certain period before they fully own the matched contributions.

How often can employees change their contribution amounts in EnLink Midstream's 401(k) plan?

Employees at EnLink Midstream can typically change their contribution amounts at any time, subject to the plan's guidelines.

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

Eastman Chemical offers a comprehensive 401(k) plan that includes both traditional and Roth options. Employees at Eastman Chemical are automatically enrolled with a 7% deferral rate, with an annual "Auto Increase" feature that raises this rate by 1% each year until it reaches 10%. The company matches 50% of employee contributions up to 7%. Additionally, Eastman Chemical contributes a Retirement Savings Contribution (RSC), equivalent to 5% of the employee's RSC-eligible earnings, which is separate from employee contributions. Employees can further enhance their retirement savings through after-tax contributions, and they can utilize Roth in-plan conversions to potentially grow tax-free retirement income (MyEastmanBenefits) (MyEastmanBenefits). Eastman Chemical's pension plan is a defined benefit plan, where employees accrue benefits based on a combination of years of service and age qualification. However, specific details about the pension formula, years of service, and age qualification were not available in the sources consulted, and further document review would be necessary to obtain this data.

Restructuring and Layoffs: In 2023, EnLink Midstream announced a strategic restructuring aimed at optimizing operations and reducing costs. This included a reduction in workforce to streamline management and enhance operational efficiency. The company cited market conditions and operational challenges as reasons for these changes. The layoffs were part of a broader initiative to align resources with strategic priorities. Importance: Addressing this news is crucial given the current economic environment, where companies are under pressure to adapt to market fluctuations and regulatory changes. The impact of such restructuring on employees and stakeholders, especially in a volatile economic climate, underscores the importance of staying informed about these developments.

EnLink Midstream offers its employees various stock options and Restricted Stock Units (RSUs) as part of its executive compensation packages. The RSUs are awarded under the company's incentive plan, and eligibility extends to executives and key personnel who contribute to the company's growth (EnLink Midstream) (FinViz). EnLink Midstream employees receive these RSUs with vesting schedules typically tied to performance metrics and tenure within the company. Stock options are also available but are generally reserved for senior executives (EnLink Midstream) (EnLink Midstream). EnLink Midstream's stock options and RSUs play a crucial role in aligning employee incentives with shareholder value. The company expanded its RSU awards in 2022, 2023, and 2024 to support long-term employee retention and performance (EnLink Midstream) (Stock Analysis). Senior management and key employees are the primary recipients of these stock options, with vesting conditions tied to financial milestones such as EBITDA growth

Benefits Overview: EnLink Midstream provides a comprehensive benefits package that includes medical, dental, and vision insurance. Employees can also access health savings accounts (HSAs), flexible spending accounts (FSAs), and various wellness programs. Healthcare Terms: HSA: Health Savings Account FSA: Flexible Spending Account EAP: Employee Assistance Program

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For more information you can reach the plan administrator for EnLink Midstream at 1722 Routh St, Suite 1300 Dallas, TX 75201; or by calling them at (214) 953-9500.