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Understanding Creditor Protections forSBA Communications Employees

Healthcare Provider Update: Healthcare Provider for SBA Communications SBA Communications likely partners with various health insurance providers for its employee health benefits. However, specific details on the designated healthcare provider may vary based on the employee's location and specific plan options offered by the company. Potential Healthcare Cost Increases for Employees in 2026 As we approach 2026, employees at SBA Communications should brace for significant healthcare cost increases driven by various market pressures. Health insurance premiums in the Affordable Care Act (ACA) marketplace are expected to surge, with some states projected to see hikes exceeding 60%. This increase is compounded by the potential expiration of enhanced federal subsidies, which, if not extended, could leave many individuals facing monthly premium increases of over 75%. With rising medical costs, especially in pharmaceuticals and hospital services, employees may find themselves responsible for a larger share of their health expenses unless proactive measures are taken to navigate these changes. Click here to learn more

'SBA Communications 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, SBA Communications 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 SBA Communications, 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. SBA Communications 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 SBA Communications offer?

SBA Communications offers a 401(k) retirement savings plan to help employees save for their future.

Does SBA Communications match employee contributions to the 401(k) plan?

Yes, SBA Communications provides a matching contribution to employee 401(k) accounts, up to a certain percentage of their salary.

When can employees of SBA Communications enroll in the 401(k) plan?

Employees of SBA Communications can enroll in the 401(k) plan during the initial enrollment period upon hiring and during annual open enrollment periods.

Are there any eligibility requirements to participate in the SBA Communications 401(k) plan?

Yes, employees must meet specific eligibility criteria, such as a minimum period of service, to participate in the SBA Communications 401(k) plan.

What investment options are available within the SBA Communications 401(k) plan?

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

How can employees of SBA Communications change their contribution amounts to the 401(k) plan?

Employees can change their contribution amounts to the SBA Communications 401(k) plan by submitting a request through the company's benefits portal or contacting HR.

Can employees take loans against their 401(k) balance at SBA Communications?

Yes, SBA Communications allows employees to take loans against their 401(k) balance, subject to the plan's terms and conditions.

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

If you leave SBA Communications, you can choose to roll over your 401(k) balance to another retirement account, cash it out, or leave it in the SBA Communications plan if eligible.

Does SBA Communications provide financial education resources for employees regarding the 401(k) plan?

Yes, SBA Communications offers financial education resources and workshops to help employees understand their 401(k) options and investment strategies.

Is there a vesting schedule for the employer match in the SBA Communications 401(k) plan?

Yes, there is a vesting schedule for the employer match in the SBA Communications 401(k) plan, which determines when you fully own the matched contributions.