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Understanding Creditor Protections forVF Corp. Employees

Healthcare Provider Update: Healthcare Provider for VF Corp VF Corporation partners with various healthcare insurers for employee benefits, with notable engagement from UnitedHealthcare. This partnership allows them to provide comprehensive healthcare options to their employees, aligning with the company's commitment to employee health and well-being. Potential Healthcare Cost Increases in 2026 As VF Corp looks ahead to 2026, significant increases in healthcare costs are anticipated. The Affordable Care Act (ACA) marketplace is set to experience premium hikes averaging around 20%, driven by escalating medical costs and the looming expiration of enhanced federal subsidies, which could raise out-of-pocket premiums by over 75% for the majority of enrollees. Major insurers are reporting substantial financial pressures, exacerbated by rising labor costs, drug pricing, and ongoing inflation, leading to an uncertain outlook for both employees and employers in managing healthcare expenses. Click here to learn more

'VF Corp. 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, VF Corp. 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 VF Corp., 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. VF Corp. 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 primary purpose of the 401(k) plan at VF Corp.?

The primary purpose of the 401(k) plan at VF Corp. is to help employees save for retirement by allowing them to contribute a portion of their salary on a tax-deferred basis.

How can employees at VF Corp. enroll in the 401(k) plan?

Employees at VF Corp. can enroll in the 401(k) plan by accessing the company’s benefits portal and completing the enrollment process during the designated enrollment period.

What types of contributions can employees make to the VF Corp. 401(k) plan?

Employees at VF Corp. can make pre-tax contributions, Roth after-tax contributions, and, in some cases, catch-up contributions if they are age 50 or older.

Does VF Corp. offer a company match for 401(k) contributions?

Yes, VF Corp. offers a company match for employee contributions to the 401(k) plan, which helps to enhance retirement savings.

What is the vesting schedule for the company match at VF Corp.?

The vesting schedule for the company match at VF Corp. typically follows a graded schedule, where employees become fully vested after a certain number of years of service.

Can employees at VF Corp. take loans against their 401(k) savings?

Yes, employees at VF Corp. may have the option to take loans against their 401(k) savings, subject to specific terms and conditions outlined in the plan.

What investment options are available in the VF Corp. 401(k) plan?

The VF Corp. 401(k) plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles, allowing employees to diversify their portfolios.

How often can employees change their contribution amounts to the VF Corp. 401(k) plan?

Employees at VF Corp. can change their contribution amounts to the 401(k) plan at any time, subject to the plan's rules and regulations.

What resources does VF Corp. provide to help employees understand their 401(k) options?

VF Corp. provides various resources, including educational materials, webinars, and access to financial advisors, to help employees understand their 401(k) options.

Are there any fees associated with the VF Corp. 401(k) plan?

Yes, there may be fees associated with the VF Corp. 401(k) plan, such as administrative fees and investment management fees, which are disclosed in the plan documents.