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Understanding Creditor Protections forPackaging Corp. of America Employees

Healthcare Provider Update: Healthcare Provider for Packaging Corp. of America Packaging Corp. of America typically offers healthcare coverage through major insurers for its employees. While specific provider listings may vary by location, commonly partnered insurers include UnitedHealthcare, Anthem BlueCross BlueShield, and Cigna, among others. Potential Healthcare Cost Increases in 2026 As we look ahead to 2026, healthcare costs are projected to surge significantly, particularly within Affordable Care Act (ACA) marketplaces. With many states anticipating premium hikes of over 60%, the retrospective loss of enhanced federal premium subsidies is poised to exacerbate the financial burden, resulting in potential out-of-pocket increases exceeding 75% for nearly all marketplace enrollees. Compounding these rising costs are ongoing trends of increasing medical expenses driven by higher hospital, physician, and drug prices, alongside inflationary pressures affecting the broader economy. Consequently, while Packaging Corp. of America navigates these trends, both the company and its employees may face steeper healthcare expenses in the near future. Click here to learn more

'Packaging Corp. of America 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, Packaging Corp. of America 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 Packaging Corp. of America, 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. Packaging Corp. of America 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 Packaging Corp. of America offer to its employees?

Packaging Corp. of America offers a 401(k) retirement savings plan to its employees.

Does Packaging Corp. of America match employee contributions to the 401(k) plan?

Yes, Packaging Corp. of America provides a matching contribution to employee 401(k) plan contributions, subject to certain limits.

What is the eligibility requirement to participate in the 401(k) plan at Packaging Corp. of America?

Employees of Packaging Corp. of America are eligible to participate in the 401(k) plan after completing a specified period of service, typically 30 days.

How can employees of Packaging Corp. of America enroll in the 401(k) plan?

Employees can enroll in the 401(k) plan through the company’s HR portal or by contacting the HR department for assistance.

What investment options are available in Packaging Corp. of America's 401(k) plan?

Packaging Corp. of America offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles.

Can employees of Packaging Corp. of America take loans against their 401(k) savings?

Yes, Packaging Corp. of America allows employees to take loans against their 401(k) savings, subject to the plan’s terms and conditions.

What is the vesting schedule for the employer match in Packaging Corp. of America’s 401(k) plan?

The vesting schedule for the employer match at Packaging Corp. of America typically follows a graded vesting schedule over several years.

Are there any fees associated with Packaging Corp. of America’s 401(k) plan?

Yes, there may be administrative fees and investment-related fees associated with Packaging Corp. of America’s 401(k) plan, which are disclosed in the plan documents.

How often can employees of Packaging Corp. of America change their 401(k) contribution amount?

Employees can change their 401(k) contribution amount at any time, following the guidelines set by Packaging Corp. of America.

What happens to the 401(k) savings if an employee leaves Packaging Corp. of America?

If an employee leaves Packaging Corp. of America, they can choose to roll over their 401(k) savings to another qualified plan, withdraw the funds, or leave them in the current plan if allowed.