Healthcare Provider Update: For Meritage Homes, the primary healthcare provider is typically a group plan that offers access to a variety of services through established insurers, though specific details may vary across different regions and employment packages. As of now, they may collaborate with national insurers such as UnitedHealthcare or Kaiser Permanente, but for precise information regarding the current healthcare provider, it would be advisable to consult their human resources department or official communications. Looking ahead to 2026, healthcare costs are projected to rise significantly, driven by various factors such as increasing medical expenses and the possible loss of enhanced federal premium subsidies under the Affordable Care Act (ACA). Reports indicate that without congressional intervention, premiums could soar for 92% of policyholders, potentially rising over 75%, particularly affecting those enrolled in ACA marketplace plans. Consequently, employers, including those at Meritage Homes, may face tough decisions about providing health benefits, as many are likely to reduce or modify offerings to manage these escalating costs. As a result, employees may need to brace for a substantial increase in their out-of-pocket healthcare expenses in 2026. Click here to learn more
'Meritage Homes 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, Meritage Homes 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 Meritage Homes, 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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- How Are Workers Impacted by Inflation & Rising Interest Rates?
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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. Meritage Homes 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 plan does Meritage Homes offer to its employees?
Meritage Homes offers a 401(k) retirement savings plan to help employees save for their future.
Does Meritage Homes match employee contributions to the 401(k) plan?
Yes, Meritage Homes provides a matching contribution to the 401(k) plan, which helps employees maximize their retirement savings.
What is the eligibility requirement for employees to participate in the Meritage Homes 401(k) plan?
Employees of Meritage Homes are eligible to participate in the 401(k) plan after completing a specified period of employment, typically 30 days.
Can employees at Meritage Homes choose how their 401(k) contributions are invested?
Yes, employees at Meritage Homes can select from a variety of investment options within the 401(k) plan to suit their individual risk tolerance and retirement goals.
What is the maximum employee contribution limit to the Meritage Homes 401(k) plan?
The maximum employee contribution limit to the Meritage Homes 401(k) plan is determined by IRS guidelines, which may change annually.
Are there any fees associated with the Meritage Homes 401(k) plan?
Yes, like most 401(k) plans, the Meritage Homes 401(k) plan may have administrative fees and investment-related fees, which are disclosed in the plan documents.
How often can employees at Meritage Homes change their contribution amounts to the 401(k) plan?
Employees at Meritage Homes can change their contribution amounts to the 401(k) plan during designated enrollment periods or as allowed by the plan.
Does Meritage Homes offer a loan option against the 401(k) savings?
Yes, Meritage Homes allows employees to take loans against their 401(k) savings, subject to the plan's terms and conditions.
What happens to my 401(k) savings if I leave Meritage Homes?
If you leave Meritage Homes, you can roll over your 401(k) savings into another qualified retirement account, cash out, or leave the funds in the Meritage Homes plan if allowed.
Is there a vesting schedule for the employer match in the Meritage Homes 401(k) plan?
Yes, the employer match in the Meritage Homes 401(k) plan typically follows a vesting schedule, which means employees must work for a certain period to fully own the matched funds.