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Understanding Creditor Protections forNewmont Employees

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Healthcare Provider Update: Healthcare Provider for Newmont Corporation Newmont Corporation typically offers healthcare benefits through various insurance options for its employees, primarily utilizing the services of major health insurers like UnitedHealthcare and Anthem Blue Cross Blue Shield (BCBS), depending on the geographical locations of their operations. As a large mining company, Newmont is committed to providing comprehensive health coverage, which likely includes various plans that are tailored to meet the needs of its diverse workforce. Potential Healthcare Cost Increases in 2026 As the healthcare landscape shifts towards significant premium hikes in 2026, Newmont Corporation may face compounded pressures from rising costs. With the Affordable Care Act (ACA) premium increases projected to exceed 60% in some states, many employees could see their out-of-pocket costs soar dramatically-potentially by over 75%-if enhanced federal premium subsidies expire as anticipated. This combination of escalating medical costs and the threat of reduced subsidies poses a considerable challenge for employers like Newmont, who might need to navigate these complexities to maintain access to affordable healthcare for their workforce. Click here to learn more

'Newmont 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, Newmont 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:

  1. The protection of retirement savings under ERISA-qualified plans.

  2. The limitations of ERISA protection, including potential risks from creditors.

  3. The role of state laws in protecting non-ERISA retirement accounts like IRAs.

For employees at Newmont, 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. Newmont 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 Newmont?

Newmont offers a 401(k) plan that allows employees to save for retirement by contributing a portion of their paycheck before taxes are taken out.

How does Newmont match employee contributions to the 401(k) plan?

Newmont provides a matching contribution to the 401(k) plan, typically matching a percentage of employee contributions up to a certain limit.

Can employees at Newmont change their 401(k) contribution amounts?

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

What investment options are available in Newmont’s 401(k) plan?

Newmont’s 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and company stock.

When can Newmont employees start contributing to the 401(k) plan?

Newmont employees can typically start contributing to the 401(k) plan after completing a specified period of employment, often within their first month.

Does Newmont allow for loans against the 401(k) plan?

Yes, Newmont allows employees to take loans against their 401(k) balance under certain conditions, as outlined in the plan documents.

What happens to my 401(k) account if I leave Newmont?

If you leave Newmont, you can choose to leave your 401(k) account with the company, roll it over to another retirement account, or cash it out, subject to taxes and penalties.

How does Newmont inform employees about their 401(k) plan options?

Newmont provides information about the 401(k) plan through employee orientation, benefit guides, and online resources available on the company’s intranet.

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

Yes, Newmont has a vesting schedule for matching contributions, meaning employees must work for a certain period to fully own the matching funds.

Can Newmont employees access their 401(k) funds while still employed?

Generally, Newmont employees cannot access their 401(k) funds while still employed, except through loans or hardship withdrawals as permitted by the plan.

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 Pension Plan: Newmont Pension Plan Years of Service Requirement: 5 years of service required for eligibility. Age Qualification: Participants must be at least 55 years old to begin receiving benefits, with eligibility to retire at age 65. Pension Formula: The pension is calculated based on a formula that considers the average salary during the highest-paid years of service and years of service. Name of 401(k) Plan: Newmont 401(k) Retirement Savings Plan Eligibility Criteria: Employees are eligible to participate in the 401(k) plan after 30 days of employment.
Restructuring and Layoffs: Newmont Mining Corporation announced a significant restructuring plan in early 2024. The company is streamlining its operations and has decided to reduce its workforce by approximately 10% to enhance efficiency and cut costs. This move comes as part of a broader strategy to adapt to fluctuating gold prices and increasing operational costs. Given the current economic climate, where inflation and market volatility impact resource extraction industries, this restructuring is crucial for maintaining financial stability and competitiveness.
Newmont Corporation offers stock options and RSUs as part of its employee compensation package. For 2022, Newmont granted RSUs to senior executives and key employees, which are subject to performance and time-based vesting criteria. The stock options at Newmont are typically granted with a 10-year term and vest over a period of 3 to 5 years.
Benefits Overview: Newmont’s official website provides details about their employee benefits, including health insurance, wellness programs, and retirement plans. Health Benefits: Typically include medical, dental, and vision coverage, with options for health savings accounts (HSAs) or flexible spending accounts (FSAs). Newmont often emphasizes wellness initiatives and employee support programs. Acronyms: HSAs (Health Savings Accounts), FSAs (Flexible Spending Accounts), EAP (Employee Assistance Program)
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For more information you can reach the plan administrator for Newmont at , ; or by calling them at .

https://www.thelayoff.com/ https://www.bloomberg.com/asia https://finance.yahoo.com/

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