As a representative of The Retirement Group, a division of Wealth Enhancement Group, I advise USG Corporation employees nearing retirement to carefully consider the implications of family loans—both legal and financial—by setting clear expectations, documenting agreements, and consulting with professionals to ensure smooth transitions in financial and estate planning.' - Tyson Mavar
USG Corporation employees approaching retirement should view family loans with caution, ensuring they establish formal agreements and understand the potential tax and legal consequences, as proper planning can prevent unnecessary strain on both relationships and retirement assets.' - Tyson Mavar
In this article, we will discuss:
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The pros and cons of personal loans from banks versus family and friends.
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Key considerations for both lenders and borrowers when giving or receiving personal loans.
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The legal and fiscal responsibilities involved in family loans, particularly for USG Corporation employees nearing retirement.
In times of economic distress, many people may require more financial assistance. Employees of large companies, including USG Corporation, with good credit scores, may consider conventional bank loans as a solution. However, they are also accompanied by certain disadvantages, such as high interest rates and other fees, including loan origination fees that can be more than 1% of the loan amount.
For those with poor credit, borrowing from family or friends is still a common practice. This type of loan is particularly attractive because it often has either no interest or lower interest rates than traditional banks. In a 2018 survey by Finder, it was revealed that almost $184 billion is borrowed every year from personal contacts, which shows that it is a popular means of financial support during the difficult periods.
The Size and Nature of the Personal Loan Market
More and more people especially the young people in the USG Corporation are preferring to get the loans from friends and family to avoid the consequences of getting into debt from other institutions. This trend shows a willingness to help loved ones despite having consumer and educational loans. However, this kind of niceness may adversely affect the financial situation of the lender.
Experts including Steve Trumble, co-founder of American Consumer Credit Counseling advise that such personal loans be treated as much business-like as possible. It is very important to define the expectations for the repayment of the funds at the beginning of the cooperation in order to avoid the circumstances when the financial situation of the company is unclear and the relations with the partner are not clear.
Lender Alert: Things to Consider When Giving Out a Personal Loan
It is wise to take some precautions when giving money to friends or family in order to protect good relationships. Some tips that can be given in order to avoid the conflicts are as follows:
Manage Your Expectations: Know that you may not even get the money back that you lent. If you do not view the loan as a gift, then you are bound to be disappointed at one point or the other.
Evaluating Loan Feasibility: In her book “Money Smart,” Mary C. Kelly, Ph.D., notes that personal loans are not as restrictive as bank loans to involve collateral and strict time for repayment, which results in relaxed repayment manners.
Creating a Lending Checklist: It is also reasonable to make a list of questions that the borrower should be able to answer in order to determine their repayment willingness and ability. This includes asking them about their past borrowing history, what they intend to do with the money, and how they plan to repay it.
Fiscal and Legal Implications
There are also a number of financial and legal responsibilities that are another part of family loans. The IRS has set certain standards for the giving of money and the current exclusion amount is $17,000. The lenders have to find out these limits in order to avoid paying taxes that they have not even expected.
It also means that one has to consider how a loan may affect relationships, for instance, with a spouse or a partner. It is crucial that the partner is involved in the lending decision in order to avoid the conflict of interest and to respect the financial decisions that are made.
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The Key to Successful Family Loans: Strategic Planning
Family loans are inherently risky to lead to disputes and disappointments but can be reduced through proper planning and dialogue. Important steps are to write down an agreement, to define the rules, and to keep the channels of communication open.
In summary
Family loans are a good alternative to banking but they require some thinking and management in order not to adversely affect relations or put the borrowers in financial difficulties. Such loans are a valuable form of financial support that does not entail the same level of commitment as formal lending products if they are used properly. The effects on estate planning are important when it comes to lending to family members especially for the employees who are close to or are in retirement. Attorneys advise that any significant family loan should be incorporated into one’s will and that formal loan agreements should be executed in order that the estate proceedings are clear. This is because failure to document such loans can lead to a lot of legal battles among the heirs and this may lead to a lot of time being spent in court (American Bar Association, July 2021).
With the help of our guide, USG Corporation employees will learn how to work with family loans and manage financial relationships with friends and family. Learn how to set expectations, accept a personal loan with the lowest risk possible, and create legally valid documents. Learn about the importance of planning and communication for successful transactions. Make informed decisions that protect your assets, staying up to date with the latest legal information, including IRS and gift tax regulations. Just as when going on a hike, it is important to be well prepared in order to have a safe and rewarding experience for the lender and the borrower.
Sources:
American Bar Association. 'Estate Planning and Family Loans: Risks and Considerations.' American Bar Association , July 2021, www.americanbar.org/estate-planning-family-loans .
Kelly, Mary C. Money Smart: Strategies for Financial Success . 2nd ed., Financial Intelligence Publishing, 2020.
Trumble, Steve. 'Managing Personal Loans Within Families: Best Practices.' American Consumer Credit Counseling , www.consumercredit.com/personal-loans . Accessed 31 Jan. 2025.
Finder. 'Survey: $184 Billion Borrowed Annually from Family and Friends.' Finder.com , 2018, www.finder.com/family-friend-loans-survey .
'Taxable Gifts and Loans: What You Need to Know About IRS Regulations.' IRS.gov , U.S. Department of the Treasury, 2023, www.irs.gov/taxable-gifts-and-loans .
How does the retirement plan structure at USG Corporation impact both final average earnings participants and cash balance participants, especially regarding their eligibility and benefits accrued over time? In what ways does the differentiation between these two categories influence the retirement outcomes for employees of USG Corporation?
Retirement Plan Structure: USG Corporation's retirement plan differentiates between Final Average Earnings Participants and Cash Balance Participants. Final Average Earnings participants, who joined before January 1, 2011, accrue benefits based on their final average earnings and years of service, which can result in higher benefits for longer-serving employees. Cash Balance participants, who joined after January 1, 2011, have their benefits calculated based on a cash balance account, which grows with contributions and interest credits. These differences affect retirement outcomes, as Final Average Earnings participants may see higher pension payments if they have longer service or higher wages, while Cash Balance participants have more predictable but potentially lower benefits based on their account balance(USG Corporation_Retirem…).
USG Corporation's Retirement Plan allows for different age-specific rules regarding early retirement. How do the "Rule of 90" and "Rule of 82" affect the financial planning of employees considering an early retirement option, and what should they consider regarding their long-term financial security?
Rule of 90 and Rule of 82: The "Rule of 90" allows employees to retire early without a reduction in benefits if their age plus years of service total 90, provided they retire at or after age 62. The "Rule of 82" permits early retirement with reduced benefits for those whose age and years of service total 82. Employees planning early retirement must consider these rules as they directly affect the amount of benefits they receive, making it important to assess how long-term financial security will be impacted, especially if they retire before age 62(USG Corporation_Retirem…).
Could you elaborate on the process through which employees at USG Corporation can change their beneficiaries within the retirement plan? What steps need to be taken, and what are the implications of these changes on the benefits received upon the participant's death?
Changing Beneficiaries: To change beneficiaries, USG Corporation employees must contact Your Benefits Resources™, where they can designate a primary and contingent beneficiary. If married, the spouse must provide notarized consent to name a different primary beneficiary. The process involves completing a form, and any changes affect who receives benefits upon the participant's death. Failing to update the beneficiary could result in benefits being paid to unintended individuals(USG Corporation_Retirem…).
As part of the retirement process at USG Corporation, how are pensionable earnings calculated? What factors are included in this determination, and how might they vary among different employees based on their roles within the organization?
Pensionable Earnings Calculation: Pensionable earnings at USG Corporation include regular pay, shift differentials, and bonuses but exclude items like nonqualified deferred compensation, severance, and stock awards. These earnings are used to calculate benefits based on formulas that take into account an employee’s service years and earnings over the 36 highest consecutive months of the last 15 years of participation(USG Corporation_Retirem…).
How does the automatic enrollment in the USG Corporation Retirement Plan work, and what options do employees have if they initially chose not to participate? What implications might this have for their retirement savings strategy?
Automatic Enrollment and Opting In: Employees at USG Corporation are automatically enrolled in the retirement plan unless they choose to opt out. If employees decide not to participate initially, they can enroll later by contacting Your Benefits Resources™. Failure to participate from the start could result in lower retirement savings due to fewer years of contributions(USG Corporation_Retirem…).
In the context of USG Corporation, what are the potential tax consequences for employees withdrawing their retirement benefits, especially regarding the mandatory withholdings? How might employees effectively manage these tax liabilities when planning for retirement?
Tax Consequences of Withdrawals: Employees withdrawing their retirement benefits from USG Corporation will face mandatory federal income tax withholdings, typically 20% for lump sum distributions, unless the distribution is rolled over into an IRA. Employees must plan for these taxes when withdrawing to avoid unexpected liabilities and ensure they maximize their after-tax retirement income(USG Corporation_Retirem…).
How do employees at USG Corporation access the necessary documents related to their retirement benefits, and what is the process for obtaining copies of these documents if needed? What are the responsibilities of the Plan Administrator in this process?
Accessing Retirement Documents: Employees can access documents related to their retirement benefits through Your Benefits Resources™ online or via phone. If additional copies are needed, employees can request them from the Plan Administrator for a small fee. The Plan Administrator oversees ensuring these documents are provided to participants as required by ERISA(USG Corporation_Retirem…).
What unique provisions exist for USG Corporation employees who experience a break in service? How do these provisions impact their accumulated benefit service and overall benefits upon reemployment?
Break in Service Provisions: USG Corporation allows employees who experience a break in service to retain their accumulated benefits if they are reemployed within one year. If reemployed after one year, their previous service may not count toward future benefits unless they were vested prior to termination. This can affect the total benefits an employee accrues if they leave and later return(USG Corporation_Retirem…).
What options do employees of USG Corporation have for managing their benefits if they return to work after retirement? How does this affect their pension benefits and the overall strategy for maximizing retirement income?
Returning to Work After Retirement: Employees returning to work after retirement at USG Corporation will have their pension payments suspended and recalculated based on additional years of service. This recalculation takes into account prior payments, meaning employees should consider the impact of returning to work on their long-term pension strategy(USG Corporation_Retirem…)(USG Corporation_Retirem…).
How can employees of USG Corporation contact their Benefits Resourcesâ„¢ for more information on their retirement plan options? Are there specific channels preferred for different types of inquiries, and what resources are available to assist them?
Contacting Benefits Resources™: Employees can contact Your Benefits Resources™ via the web or a toll-free number to inquire about retirement plan options. Different inquiries, such as changes to beneficiaries or requesting benefit estimates, can be handled through these channels. Resources such as detailed benefit estimates are available to help employees plan for retirement(USG Corporation_Retirem…).