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Understanding Creditor Protections forIntuitive Surgical Employees

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'Intuitive Surgical 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, Intuitive Surgical 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 Intuitive Surgical, 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. Intuitive Surgical 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 Intuitive Surgical offer to its employees?

Intuitive Surgical offers a 401(k) retirement savings plan to help employees save for their future.

Is there a company match for contributions to the 401(k) plan at Intuitive Surgical?

Yes, Intuitive Surgical provides a company match for employee contributions to the 401(k) plan, subject to specific terms and conditions.

How can I enroll in the 401(k) plan at Intuitive Surgical?

Employees can enroll in the 401(k) plan at Intuitive Surgical by completing the enrollment process through the company’s benefits portal or contacting HR for assistance.

What is the eligibility requirement for participating in Intuitive Surgical's 401(k) plan?

To participate in Intuitive Surgical's 401(k) plan, employees typically need to meet certain eligibility requirements, such as being a full-time employee and completing a specified period of service.

Can I change my contribution amount to the 401(k) plan at Intuitive Surgical?

Yes, employees at Intuitive Surgical can change their contribution amounts to the 401(k) plan at any time, subject to the plan's guidelines.

What investment options are available in Intuitive Surgical's 401(k) plan?

Intuitive Surgical'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 I access my 401(k) funds after leaving Intuitive Surgical?

After leaving Intuitive Surgical, employees can access their 401(k) funds according to the plan's distribution rules, which may include options like rollovers or cash withdrawals.

Does Intuitive Surgical offer financial advice for 401(k) participants?

Yes, Intuitive Surgical may provide access to financial advisors or resources to help employees make informed decisions about their 401(k) investments.

Are there any fees associated with Intuitive Surgical's 401(k) plan?

Yes, there may be fees associated with Intuitive Surgical's 401(k) plan, which can include administrative fees and investment-related fees, as outlined in the plan documents.

How often can I review my 401(k) account at Intuitive Surgical?

Employees can review their 401(k) account at Intuitive Surgical as often as they like, typically through the online benefits portal.

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

Intuitive Surgical offers a comprehensive 401(k) plan known as the "Intuitive Surgical, Inc. 401(k) Plan." This is a defined contribution plan, meaning that employees can contribute a portion of their salary into the plan, and Intuitive Surgical may also contribute, particularly through profit-sharing based on the company’s earnings. The 401(k) plan allows participants to direct the investment of their accounts, with options including default investments for those who do not make specific selections. This plan was established to help employees save for retirement, and it provides flexibility in how funds can be managed and withdrawn, particularly in situations requiring a Qualified Domestic Relations Order (QDRO). The company also provides life and disability insurance at no cost to the employees and a stock purchase plan, allowing employees to buy Intuitive Surgical stock at a discounted rate. The 401(k) plan is administered by Intuitive Surgical itself, with the headquarters located in Sunnyvale, California. For years of service and age qualification for the 401(k) plan, the company follows standard practices where employees become eligible to participate upon meeting certain age and service requirements, though specific details on this aspect are typically found in the plan's summary documents.

In 2023 and 2024, Intuitive Surgical has experienced financial restructuring driven by the evolving economic environment. They have not announced large-scale layoffs, but there has been a steady focus on cost optimization (Intuitive Surgical) (Intuitive Surgical). The company has also revised long-term incentive plans and stock-based compensation, including phantom share awards for employees in China. These changes are tied to strategic performance metrics, which could impact the company’s workforce and benefits as it aligns with its financial goals (Intuitive Surgical).

Intuitive Surgical (ISRG) offers stock options and Restricted Stock Units (RSUs) through its 2010 Incentive Award Plan. Eligible employees, particularly in leadership and key roles, receive annual grants of stock options and RSUs. In 2022, RSUs with a target value of $1.5 million were granted to senior executives, aligning compensation with company performance. For 2023 and 2024, the company continues to offer RSUs and stock options to incentivize long-term retention, primarily to executives and employees in strategic roles.

Health Insurance and Healthcare Navigation: Intuitive provides comprehensive health, dental, and vision insurance, including telehealth services. Employees have access to Accolade, a healthcare navigator, which helps them manage medical inquiries and navigate the complexities of the healthcare system (Intuitive Surgical Careers) (Intuitive Surgical Careers). Mental Health and Emotional Support: Employees and their families can access mental health services through Lyra, which offers 12 free sessions per year. The platform is designed to streamline the process of finding the right therapist based on individual preferences (Intuitive Surgical Careers) (Intuitive Surgical Careers). Family Planning and Fertility Services: Intuitive offers fertility support through Progyny and Maven, providing in-vitro fertilization (IVF), surrogacy support, and postpartum care. These services include access to a network of fertility specialists and comprehensive pregnancy support (Intuitive Surgical Careers) (Intuitive Surgical Careers). Cancer and Chronic Disease Support: Employees benefit from specialized support services for cancer and chronic diseases like diabetes and obesity. They have access to second opinions and personalized treatment plans, along with concierge support for navigating complex care (Intuitive Surgical Careers) (Intuitive Surgical Careers). Other Notable Benefits: Intuitive provides gender-affirming care, virtual physical therapy, weight management programs, and services for caregivers. Employees also receive 8 weeks of paid parental leave, flexible time off, and coverage for surrogacy up to $20,000

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For more information you can reach the plan administrator for Intuitive Surgical at , ; or by calling them at .

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