Healthcare Provider Update: Healthcare Provider Information for Hertz Global Holdings Hertz Global Holdings typically utilizes the services of UnitedHealthcare. This relationship provides its employees with access to a range of healthcare options, including comprehensive medical coverage and health savings accounts to help manage rising healthcare costs. Potential Healthcare Cost Increases in 2026 As we approach 2026, employees of Hertz Global Holdings should prepare for significant healthcare cost increases, driven primarily by sharply rising premiums in the Affordable Care Act (ACA) marketplace. Data indicates that some states may see premium hikes exceeding 60%, exacerbated by factors such as inflated medical costs and the potential expiration of federal premium subsidies. With more than 92% of ACA policyholders facing potential out-of-pocket increases of over 75%, these economic pressures could strain budgets and access to healthcare coverage for many Hertz employees in the upcoming year. Click here to learn more
'Hertz Global 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, Hertz Global 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:
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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 Hertz Global 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:
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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. Hertz Global 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.
How does The Hertz Corporation's pension plan ensure that employees are fairly compensated for their years of service, and what specific criteria does The Hertz Corporation use to determine eligibility for benefits under the Account Balance Defined Benefit Pension Plan?
Fair Compensation for Years of Service: The Hertz Corporation's pension plan ensures employees are fairly compensated for their years of service by granting Compensation Credits as a percentage of eligible pay. Eligibility for benefits starts once employees have at least 1,000 Hours of Service in a 12-month period, ensuring that benefits are proportional to service time. Benefits become vested after three years of service, securing an employee’s accumulated benefits.
In what ways do the Compensation Credits and Interest Credits contribute to the growth of an employee's retirement account within The Hertz Corporation's pension plan, and how does the company guarantee these credits are applied accurately throughout an employee’s tenure?
Growth of Retirement Account: Within The Hertz Corporation's pension plan, Compensation Credits and Interest Credits contribute to the growth of an employee's retirement account. Compensation Credits are calculated as a percentage of the employee’s eligible pay, and Interest Credits grow the account balance annually based on a preset rate, ensuring a systematic increase in the retirement funds over an employee's tenure.
What are the implications of the freeze date on participation in The Hertz Corporation's pension plan, and how might this affect current employees who are considering their retirement options within the next few years?
Implications of Freeze Date: The freeze date impacts current employees by discontinuing the accrual of new Compensation Credits. Employees enrolled in the plan before the freeze date retain their accrued benefits, but no new benefits will be added post-freeze. This could influence current employees' decisions on retirement timing and financial planning.
How does The Hertz Corporation handle claims for pension benefits, and what processes are in place for employees to appeal denied claims according to the guidelines set out in the Account Balance Defined Benefit Pension Plan?
Claims for Pension Benefits: The Hertz Corporation handles claims for pension benefits through a detailed procedure where employees can file a claim with the Committee. If denied, the employee can appeal the decision. This process ensures that employees have a structured avenue for resolving disputes regarding their pension benefits.
Under what circumstances can an employee of The Hertz Corporation be considered fully vested, and how does vesting impact an employee's future retirement benefits?
Vesting and Impact on Retirement Benefits: Employees of The Hertz Corporation are considered fully vested in their pension benefits after three years of service, which secures their right to pension benefits accrued till that point. Vesting ensures that upon leaving the company, employees are entitled to their accumulated benefits, directly impacting their financial stability in retirement.
How do The Hertz Corporation's pension benefits compare to other companies in the industry, especially in terms of contribution percentages and payment options available upon retirement?
Comparison with Industry Standards: The pension benefits at The Hertz Corporation, which include both Compensation and Interest Credits, are competitive within the industry, particularly because the company covers the full cost of the plan. The option to receive benefits as a lump sum or an annuity upon retirement provides flexibility compared to other industry plans.
Can you explain the process and the timeline involved for receiving pension benefits after retirement from The Hertz Corporation, including any choices that the retiree must make regarding payout methods?
Receiving Pension Benefits Post-Retirement: The timeline and process for receiving pension benefits after retirement involve choosing a payout method (lump sum or annuity) and filing a claim. Benefits can start as early as age 55 for early retirement, or at the normal retirement age of 65, with the account continuing to accrue Interest Credits until the benefits commence.
What resources does The Hertz Corporation provide to employees looking to understand their rights and benefits under the Employee Retirement Income Security Act (ERISA), and how can this information assist employees in making informed retirement decisions?
Resources on ERISA Rights: The Hertz Corporation provides resources to help employees understand their rights under ERISA through its pension plan website and support center. This information helps employees make informed decisions about their retirement planning by clarifying their rights and benefits under the plan.
What procedures should an employee at The Hertz Corporation follow to update their personal information or beneficiary designations in their pension account, and why is it crucial to keep this information up to date?
Updating Personal Information: Employees at The Hertz Corporation are encouraged to update their personal and beneficiary information via the Hertz Pension Center website. Keeping information current is crucial for ensuring that all communications and benefits are correctly handled, especially for claims and beneficiary designations.
If employees of The Hertz Corporation have questions or require further information regarding the pension plan, what steps should they take to contact the company, and what information will they need to facilitate their inquiry?
Contacting for Further Information: For further inquiries about the pension plan, employees should contact the Hertz Pension Center. This center provides access to plan details and assistance for any additional information required by employees, ensuring transparency and accessibility in managing their retirement benefits.