New Update: Healthcare Costs Increasing by Over 60% in Some States. Will you be impacted?

Understanding Creditor Protections forPhilip Morris International Employees

Healthcare Provider Update: Healthcare Provider for Philip Morris International Philip Morris International (PMI) primarily collaborates with global health insurance providers rather than being tied to a specific healthcare provider. The focus of PMI's health-related initiatives is primarily in supporting public health efforts linked to tobacco control and transitioning towards smoke-free products, reflecting its corporate commitment to sustainability and consumer health. Anticipated Healthcare Cost Increases in 2026 As the healthcare landscape evolves, significant increases in healthcare costs are anticipated for 2026. Record hikes in ACA premiums are projected, with some states reporting increases exceeding 60%. Contributing factors include rising medical costs, the potential expiration of federal premium subsidies, and aggressive pricing strategies from major insurers. Without congressional action to renew enhanced tax credits, many consumers may face out-of-pocket premium increases exceeding 75%, exacerbating the financial strain for millions of Americans. These factors collectively signal a challenging healthcare environment ahead. Click here to learn more

'Philip Morris International 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, Philip Morris International 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 Philip Morris International, 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.

Featured Video

Articles you may find interesting:

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. Philip Morris International 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.

How does the investment strategy outlined by the Philip Morris Group Pension Plan aim to ensure that sufficient assets are available to pay membersâ€™ benefits as they fall due? What specific return objectives has the Trustee established that reflect the financial goals of the Philip Morris Group Pension Plan?

Investment Strategy and Return Objectives: The primary objective of the Trustee's investment strategy is to ensure sufficient assets are available to pay members’ benefits as they fall due. The return objective set by the Trustee is to achieve a return above that achievable on index-linked gilts. The Trustee is mindful that growth can come from both investment performance and company contributions(Philip_Morris_Group_Pen…).

In what ways does the Philip Morris Group Pension Plan address the risks associated with inadequate long-term returns, and how has the Trustee structured the investment portfolio to mitigate potential stock market underperformance relative to inflation?

Addressing Risks and Portfolio Structure: The Philip Morris Group Pension Plan mitigates risks associated with inadequate long-term returns by investing around 20% of its portfolio in equities expected to outperform gilts. Approximately 50% of the portfolio is in index-linked gilts to provide protection from inflation(Philip_Morris_Group_Pen…).

What considerations does the Trustee of the Philip Morris Group Pension Plan have for environmental, social, and governance (ESG) factors in their investment strategy, and how do these considerations impact the overall financial performance of the Plan?

ESG Considerations: The Trustee acknowledges that environmental, social, and governance (ESG) factors are sources of risk, potentially impacting financial performance. Although the Plan's primary investment manager tracks market indexes without specific ESG constraints, the Trustee expects them to account for financially material considerations when engaging with investee companies(Philip_Morris_Group_Pen…).

How does the Philip Morris Group Pension Plan incorporate diversification within its investment strategy to protect against extreme stock market fluctuations, and what specific controls have been implemented by the Trustee to maintain an appropriate balance among asset classes?

Diversification Strategy and Controls: The Trustee implements diversification to protect against stock market fluctuations by investing in a variety of global asset classes and bonds. A mix of UK and overseas equities, along with government bonds, ensures appropriate balance and protection from extreme market volatility(Philip_Morris_Group_Pen…).

What procedures are in place for the Trustee of the Philip Morris Group Pension Plan to review and potentially revise the investment strategy based on performance assessments, market conditions, and changes in the economic environment?

Review and Revision of Strategy: The Trustee reviews the investment strategy periodically, especially following significant changes in investment policy or economic conditions. These reviews involve performance assessments and market evaluations in consultation with advisers(Philip_Morris_Group_Pen…).

How can members of the Philip Morris Group Pension Plan keep informed about any significant developments in investment strategy that may affect their benefits, and what communication methods does the Trustee employ to ensure transparency?

Member Communication and Transparency: Members are informed about significant developments in the Plan’s investment strategy through direct communications from the Trustee. Members can request a copy of the Statement of Investment Principles for further details(Philip_Morris_Group_Pen…).

What is the role of the investment manager, State Street Global Advisors, in the governance and performance of the Philip Morris Group Pension Plan's assets, and how does the Trustee evaluate the success of this partnership?

Role of State Street Global Advisors: State Street Global Advisors is responsible for the day-to-day management of the Plan’s assets. The Trustee evaluates the performance of State Street Global Advisors annually and ensures that their investment approach aligns with the Plan’s objectives(Philip_Morris_Group_Pen…).

How does the Philip Morris Group Pension Plan handle the issue of Additional Voluntary Contributions (AVCs), especially considering the decision to no longer allow active members to make these contributions since April 2006?

Additional Voluntary Contributions (AVCs): Active members have been unable to make Additional Voluntary Contributions to the Plan since April 2006. The Plan offers various options for members with existing AVCs, including investments in passive funds and with-profits funds(Philip_Morris_Group_Pen…).

What specific risks, aside from investment risks, does the Trustee of the Philip Morris Group Pension Plan need to prepare for, such as mortality or sponsor risks, and how do these factors influence the overall funding strategy of the Plan?

Other Risks (Mortality, Sponsor, etc.): The Trustee prepares for non-investment risks like mortality risk and sponsor risk, which can affect the Plan’s funding strategy. These risks are considered alongside investment risks to manage overall funding risk(Philip_Morris_Group_Pen…).

For employees seeking more information regarding the content of the Philip Morris Group Pension Plan documents, what are the best channels to contact the company, and who specifically should they reach out to within human resources or benefits administration?

Contact for More Information: Employees seeking more information about the Philip Morris Group Pension Plan should contact the Plan administrators, Lane Clark & Peacock LLP, or reach out to human resources or benefits administration for assistance(Philip_Morris_Group_Pen…).

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

Philip Morris International provides RSUs and stock options to eligible employees.