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Understanding Creditor Protections forMoody's Employees

Healthcare Provider Update: Healthcare Provider for Moody's: Moody's Corporation itself is primarily a financial services company known for its analytical and credit rating services. It does not operate as a healthcare provider. However, within the healthcare sector, it analyzes health insurers and hospital systems, assessing their financial viability and operational performance. Healthcare Cost Increases in 2026: In 2026, healthcare costs are projected to soar, driven by several interlinked factors. A significant sunset of enhanced Affordable Care Act (ACA) subsidies could lead to out-of-pocket premiums skyrocketing by over 75% for many consumers. Compounding this, record-breaking requests for premium increases -with some states reporting hikes of over 60% -reveal an industry grappling with heightened medical expenses and operational pressures. Insurers, even with reported profits exceeding $31 billion, face the reality that escalating rates and diminishing financial support threaten the affordability of healthcare coverage for millions moving forward. Click here to learn more

'Moody's 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, Moody's 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 Moody's, 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. Moody's 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 Moody's offer to its employees?

Moody's offers a 401(k) savings plan to help employees save for retirement.

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

Employees can enroll in Moody's 401(k) plan through the company's benefits portal during the enrollment period.

Does Moody's match employee contributions to the 401(k) plan?

Yes, Moody's provides a matching contribution to employee 401(k) accounts, subject to certain limits.

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

The maximum contribution limit for Moody's 401(k) plan is in line with IRS guidelines, which can change annually.

Can employees at Moody's take loans against their 401(k) savings?

Yes, Moody's allows employees to take loans against their 401(k) savings, subject to specific terms and conditions.

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

Moody's 401(k) plan offers a variety of investment options, including mutual funds and target-date funds.

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

Employees can change their contribution amounts to Moody's 401(k) plan at any time, subject to plan rules.

What happens to my 401(k) savings if I leave Moody's?

If you leave Moody's, you can roll over your 401(k) savings into another qualified retirement account or leave it in the plan, depending on the balance.

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

Yes, Moody's has a vesting schedule for matching contributions, which determines when employees fully own those funds.

Can employees at Moody's access their 401(k) savings before retirement?

Employees at Moody's may access their 401(k) savings before retirement under certain circumstances, such as financial hardship.

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

Name of Plan: Moody's does not appear to have a traditional defined benefit pension plan but instead offers a 401(k) plan. Years of Service and Age Qualification: Specific details on years of service and age qualifications may not be applicable as there is no traditional pension plan. Pension Formula: Not applicable. Who Qualifies: Employees are typically eligible for benefits under the 401(k) plan rather than a pension plan. Name of Plan: Moody’s 401(k) Retirement Plan. Who Qualifies: Employees who meet the eligibility requirements can participate. Typically, full-time employees are eligible to participate in the 401(k) plan. Contribution Details: Employees can contribute a percentage of their salary, and Moody’s may offer a matching contribution.

Restructuring and Layoffs: Moody's Corporation announced a significant restructuring initiative in early 2023 aimed at streamlining operations and reducing costs. This restructuring included the elimination of several positions across various departments. The decision was driven by a need to enhance operational efficiency and adapt to changing market conditions. The layoffs affected both senior and junior roles, emphasizing the company's strategic shift towards more agile and streamlined operations.

Company Filings: Look at Moody’s annual reports (10-K) and quarterly reports (10-Q) filed with the SEC. These documents often contain detailed information on stock options and RSUs. Investor Relations: Visit Moody’s Investor Relations website. They usually provide access to annual reports, earnings releases, and proxy statements that include details about compensation packages. Financial News Websites: Sites like Bloomberg, Yahoo Finance, or Reuters may have articles or reports about Moody’s compensation practices and stock options. SEC EDGAR Database: Search for Moody’s filings in the EDGAR database for detailed financial and compensation information.

2023 Adjustments: Moody’s made adjustments to their healthcare plans in 2023 to offer more flexible options, including increased contributions to HSAs and expanded telemedicine services. 2024 Initiatives: For 2024, Moody’s has introduced new wellness programs and enhanced mental health support as part of their benefits package. This includes expanded access to counseling and mental health resources. General Trends: Moody’s is aligning with broader trends in the industry towards more flexible and employee-centric healthcare solutions, emphasizing mental health and preventive care.