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Understanding Creditor Protections forFTI Consulting Employees

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Healthcare Provider Update: FTI Consulting provides its U.S. employees with a comprehensive benefits package that includes medical, dental, and vision coverage. Employees can also access Health Savings Accounts (HSAs), Flexible Spending Accounts (FSAs), life and disability insurance, and mental health support. Additional perks include paid parental leave, tuition reimbursement, and a 401(k) plan with matching contributions 2. 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

'FTI Consulting 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, FTI Consulting 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:

  1. The protection of retirement savings under ERISA-qualified plans.

  2. The limitations of ERISA protection, including potential risks from creditors.

  3. The role of state laws in protecting non-ERISA retirement accounts like IRAs.

For employees at FTI Consulting, 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. FTI Consulting 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 401(k) plan offered by FTI Consulting?

The 401(k) plan at FTI Consulting is a retirement savings plan that allows employees to save a portion of their salary on a pre-tax basis, which can help reduce their taxable income.

How can employees enroll in FTI Consulting's 401(k) plan?

Employees can enroll in FTI Consulting's 401(k) plan by accessing the benefits portal or contacting the HR department for guidance on the enrollment process.

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

Yes, FTI Consulting offers a matching contribution to the 401(k) plan, which helps employees maximize their retirement savings.

What is the maximum contribution limit for FTI Consulting's 401(k) plan?

The maximum contribution limit for FTI Consulting's 401(k) plan is determined by the IRS guidelines, which can change annually. Employees should check the latest limits for the current year.

When can employees start contributing to FTI Consulting's 401(k) plan?

Employees at FTI Consulting can typically start contributing to the 401(k) plan after completing a specified waiting period, which is outlined in the plan documents.

What investment options are available in FTI Consulting's 401(k) plan?

FTI Consulting'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.

Can employees take loans against their 401(k) accounts at FTI Consulting?

Yes, FTI Consulting allows employees to take loans against their 401(k) accounts, subject to the terms and conditions outlined in the plan.

What happens to an employee's 401(k) account if they leave FTI Consulting?

If an employee leaves FTI Consulting, they have several options for their 401(k) account, including rolling it over to a new employer's plan, an IRA, or cashing it out, subject to taxes and penalties.

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

Employees at FTI Consulting can change their contribution amounts at designated times throughout the year, as specified in the plan guidelines.

Is there a vesting schedule for FTI Consulting's 401(k) matching contributions?

Yes, FTI Consulting has a vesting schedule for matching contributions, which determines how much of the employer's contributions an employee is entitled to based on their length of service.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
FTI Consulting offers a comprehensive benefits package, including retirement plans and a 401(k) plan designed to support employees throughout their careers. FTI Consulting provides a defined contribution plan for retirement, which includes employer matching contributions to the employee's 401(k) account. According to sources, the company offers a 5% match for employee contributions. Employees are eligible for immediate participation in the 401(k) plan upon hire, without a waiting period, and employer contributions vest after three years of service​ (FTI Consulting)​ (FTI Consulting). The company's 401(k) plan is referred to as the FTI Consulting 401(k) Plan, and employees can contribute a portion of their salary pre-tax, which is matched by the company up to 5%. Additionally, FTI Consulting offers a traditional pension plan as part of its defined benefit program. This pension plan provides 3% contributions from employees, with the company contributing an additional 5%, ensuring a robust financial security framework for long-term employees​
In 2023, FTI Consulting announced a restructuring plan that involved streamlining its operations to focus on its core services. This restructuring included layoffs in several departments, particularly affecting support roles and administrative positions. The changes were part of a broader effort to enhance operational efficiency and adapt to evolving market conditions. Understanding these developments is crucial due to the current economic environment, which emphasizes the need for companies to remain agile and cost-effective amid economic uncertainties.
FTI Consulting offers stock options and RSUs as part of its employee compensation package. Stock options typically come with a vesting period and are granted based on employee performance and tenure. RSUs are also granted to employees, usually based on performance metrics and role within the company.
Search for employee reviews and benefits information on Glassdoor, where employees often discuss their healthcare benefits and overall satisfaction with the company. Indeed: Look up FTI Consulting's company profile on Indeed to see if there are any reviews or posted details about health benefits and related employee experiences. LinkedIn: Check LinkedIn for posts or updates related to FTI Consulting’s health benefits from current or former employees.
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For more information you can reach the plan administrator for FTI Consulting at , ; or by calling them at .

https://www.thelayoff.com/

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