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Understanding Creditor Protections forNew Jersey Resources Employees

Healthcare Provider Update: Healthcare Provider for New Jersey Resources New Jersey Resources (NJR) is a publicly traded energy services company that provides natural gas and energy services to support their customers. They have partnered with various healthcare insurers to offer health benefits to their employees. While the specific healthcare provider for NJR does not seem to be explicitly documented, they typically leverage local and nationwide providers suited for corporate health benefits under state and federal health regulations. Potential Healthcare Cost Increases for New Jersey Resources in 2026 As we look ahead to 2026, healthcare costs are anticipated to rise significantly for New Jersey Resources employees. Due to factors such as escalating medical services costs and the expiration of enhanced ACA premium subsidies, individuals could face premium increases averaging nearly 36.5% for local government employees and 29.7% for school employees. This perfect storm of rising healthcare expenses, coupled with the pressure on insurers to maintain profitability, poses the risk of out-of-pocket expenses soaring, thereby underlining the urgent need for strategic financial planning in the upcoming year. Click here to learn more

'New Jersey Resources 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, New Jersey Resources 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 New Jersey Resources, 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. New Jersey Resources 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 New Jersey Resources?

The 401(k) plan at New Jersey Resources is a retirement savings plan that allows employees to save a portion of their paycheck before taxes are taken out.

How can employees enroll in the New Jersey Resources 401(k) plan?

Employees can enroll in the New Jersey Resources 401(k) plan by completing the enrollment form available through the HR portal or by contacting the HR department for assistance.

Does New Jersey Resources match employee contributions to the 401(k) plan?

Yes, New Jersey Resources offers a matching contribution to the 401(k) plan, which helps employees grow their retirement savings.

What is the maximum contribution limit for the New Jersey Resources 401(k) plan?

The maximum contribution limit for the New Jersey Resources 401(k) plan is in line with IRS guidelines, which are subject to change annually.

When can employees start contributing to the New Jersey Resources 401(k) plan?

Employees can start contributing to the New Jersey Resources 401(k) plan after completing their eligibility period, typically within the first few months of employment.

Are there any fees associated with the New Jersey Resources 401(k) plan?

Yes, there may be administrative fees associated with the New Jersey Resources 401(k) plan, which are disclosed in the plan documents provided to employees.

Can employees take loans against their 401(k) balance at New Jersey Resources?

Yes, New Jersey Resources allows employees to take loans against their 401(k) balance, subject to specific terms and conditions outlined in the plan.

What investment options are available in the New Jersey Resources 401(k) plan?

The New Jersey Resources 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles.

How often can employees change their contribution amount to the New Jersey Resources 401(k) plan?

Employees can change their contribution amount to the New Jersey Resources 401(k) plan on a quarterly basis or as specified in the plan guidelines.

What happens to the New Jersey Resources 401(k) plan if an employee leaves the company?

If an employee leaves New Jersey Resources, they can either roll over their 401(k) balance to another retirement account, cash out, or leave the funds in the plan, depending on the plan's rules.