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Understanding Creditor Protections forSouthwestern Energy Employees

Healthcare Provider Update: Healthcare Provider for Southwestern Energy The healthcare provider for Southwestern Energy is UnitedHealthcare, which is one of the major national insurers. They manage the health insurance plans available to Southwestern Energy employees, offering a variety of coverage options that cater to their needs. Potential Healthcare Cost Increases in 2026 In 2026, Southwestern Energy employees and retirees may face significant increases in healthcare costs, driven primarily by anticipated spikes in Affordable Care Act (ACA) premiums. With insurers like UnitedHealthcare proposing rate hikes of up to 66%, employees could see their out-of-pocket expenses rise substantially. This situation is exacerbated by the potential expiration of enhanced federal premium subsidies, which, if they lapse, could lead to a surge in out-of-pocket premiums exceeding 75% for the vast majority of ACA marketplace enrollees. As the healthcare landscape evolves, it's crucial for employees to reassess their options early and strategically plan for this financial shift. Click here to learn more

'Southwestern Energy 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, Southwestern Energy 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 Southwestern Energy, 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. Southwestern Energy 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 plan does Southwestern Energy offer to its employees?

Southwestern Energy offers a 401(k) Savings Plan to help employees save for retirement.

How can Southwestern Energy employees enroll in the 401(k) Savings Plan?

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

Does Southwestern Energy match employee contributions to the 401(k) Savings Plan?

Yes, Southwestern Energy provides a matching contribution to the 401(k) Savings Plan, which helps employees boost their retirement savings.

What is the maximum employee contribution percentage allowed in the Southwestern Energy 401(k) Savings Plan?

Employees can contribute up to the IRS limit, which is subject to change annually. Southwestern Energy encourages employees to check the latest guidelines.

Can Southwestern Energy employees change their contribution rates to the 401(k) Savings Plan?

Yes, employees at Southwestern Energy can change their contribution rates at any time, subject to the plan’s rules.

What investment options are available in the Southwestern Energy 401(k) Savings Plan?

The Southwestern Energy 401(k) Savings Plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles.

Is there a vesting schedule for the employer match in the Southwestern Energy 401(k) Savings Plan?

Yes, Southwestern Energy has a vesting schedule for the employer match, which means employees need to work for a certain period before they fully own the matched contributions.

Can Southwestern Energy employees take loans against their 401(k) Savings Plan?

Yes, employees may have the option to take loans against their Southwestern Energy 401(k) Savings Plan, subject to specific terms and conditions.

How does Southwestern Energy provide information about the 401(k) Savings Plan to its employees?

Southwestern Energy provides information about the 401(k) Savings Plan through employee orientation sessions, the HR portal, and regular communications.

Are there any fees associated with the Southwestern Energy 401(k) Savings Plan?

Yes, there may be fees associated with the administration and investment options of the Southwestern Energy 401(k) Savings Plan. Employees are encouraged to review the plan documents for details.