Healthcare Provider Update: First Horizon offers health, dental, and vision insurance tailored to individual and family needs. Employees benefit from HSAs, FSAs, disability coverage, and parental leave. The company provides a 401(k) with up to 6% matching, adoption reimbursement, and wellness programs. Additional perks include tuition reimbursement, mentoring, and digital wellness platforms3. First Horizon With ACA premiums projected to rise sharply, First Horizons employer-sponsored plans and financial wellness tools help employees avoid the volatility of marketplace costs. Their matched savings and flexible spending options provide a buffer against rising healthcare expenses. Click here to learn more
'First Horizon 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, First Horizon 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:
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The protection of retirement savings under ERISA-qualified plans.
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The limitations of ERISA protection, including potential risks from creditors.
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The role of state laws in protecting non-ERISA retirement accounts like IRAs.
For employees at First Horizon, 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:
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Hospital, surgical, and medical coverage through Health Maintenance Organization (HMO) plans.
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Health care Flexible Spending Accounts (FSAs) and Health Reimbursement Arrangements (HRAs).
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Dental and vision plans.
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Prescription drug programs.
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Disability insurance.
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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:
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A former spouse for child support or divorce settlements, with a Qualified Domestic Relations Order (QDRO).
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The Internal Revenue Service (IRS) for any unpaid federal income taxes.
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The federal government in cases involving fines and penalties for crimes.
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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. First Horizon 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 savings plan does First Horizon offer to its employees?
First Horizon offers a 401(k) retirement savings plan to help employees save for their future.
Does First Horizon provide matching contributions to the 401(k) plan?
Yes, First Horizon provides a matching contribution to the 401(k) plan, which helps employees maximize their retirement savings.
What is the eligibility requirement to participate in First Horizon's 401(k) plan?
Employees at First Horizon are eligible to participate in the 401(k) plan after completing a specific period of service, typically within the first year of employment.
How can employees at First Horizon enroll in the 401(k) plan?
Employees can enroll in First Horizon's 401(k) plan through the company’s HR portal or by contacting the HR department for assistance.
What investment options are available in First Horizon's 401(k) plan?
First Horizon offers a variety of investment options in its 401(k) plan, including mutual funds, target-date funds, and other investment vehicles.
Can employees at First Horizon take loans against their 401(k) balance?
Yes, First Horizon allows employees to take loans against their 401(k) balance under certain conditions, as outlined in the plan documents.
What is the vesting schedule for First Horizon's 401(k) matching contributions?
The vesting schedule for First Horizon's matching contributions typically follows a graded schedule, which means employees earn ownership of the match over a period of time.
Are there any fees associated with First Horizon's 401(k) plan?
Yes, there may be administrative fees associated with First Horizon's 401(k) plan, which are disclosed in the plan documents.
How often can employees at First Horizon change their 401(k) contribution amount?
Employees at First Horizon can change their 401(k) contribution amount at any time, subject to the plan's guidelines.
What is the maximum contribution limit for First Horizon's 401(k) plan?
The maximum contribution limit for First Horizon's 401(k) plan is set by the IRS and may change annually; employees should refer to the latest IRS guidelines for specifics.