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

Navigating Bankruptcy Protections: A Guide for Avery Dennison Employees

Brent Wolf, a representative of The Retirement Group, a division of Wealth Enhancement, emphasizes the importance of tailored financial planning to help safeguard Avery Dennison employees' long-term retirement goals when navigating federal IRA protections and strategic rollovers amidst rising bankruptcy trends.

Kevin Landis, a representative of The Retirement Group, a division of Wealth Enhancement, says Avery Dennison employees may want to proactively engage with financial experts to navigate the intricate legal and financial terrains of IRA protections, especially in light of the recent updates under BAPCPA, to craft a robust defense against unforeseen economic challenges.

In this article, we will discuss:

Federal protections for IRAs under ERISA and BAPCPA, including recent updates and limits.
How rising bankruptcy trends may impact older individuals and IRA assets.
Strategic considerations for Avery Dennison employees when rolling over retirement accounts.

The intersection of financial planning and legal protections is often complex, especially during challenging times, such as when bankruptcy events are on the rise. For those working at Avery Dennison and contemplating the future, understanding the scope and limits of protections available for Individual Retirement Accounts (IRAs) is vital. This article explores the federal safeguards in place for IRAs and how effectively they may shield your retirement assets from creditors.

Federal Retirement Fund Protection

For employees at Avery Dennison, it's important to know how different retirement accounts, including IRAs, are shielded from creditors and legal actions. Under the Employee Retirement Income Security Act (ERISA), traditional pensions and 401k plans enjoy robust protection against both corporate and personal bankruptcy. Additionally, individual accounts up to $250,000 are covered against bank failures by the Federal Deposit Insurance Corporation (FDIC).

Before the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), protection levels for IRAs varied by state compared to 401k plans. With BAPCPA, a uniform level of protection across states has been set, although it varies depending on the IRA type and the amounts involved.

Current Bankruptcy Trends

Bankruptcy filings have seen a significant rise, with the Administrative Office of the U.S. Courts noting a 14.2% increase in 2024 over the previous year, including 494,201 non-business cases. Notably, individuals aged 65 and older are filing for bankruptcy at the fastest rate, reflecting the financial challenges this group often faces.

Causes of the Increase in Bankruptcies

For older individuals, economic instability may lead to reduced income and unexpected medical expenses. Surveys indicate that 78% of bankruptcies were triggered by income reductions, while 65% were due to medical debts.

BAPCPA Protections for IRAs

BAPCPA provides critical protections for IRA holders, applying specific exemptions in bankruptcy cases, such as those under Chapters 7 and 13. The exemption cap has been raised significantly to $1,711,975 for both Roth and traditional IRAs from 2025 to 2028, reflecting inflation adjustments every three years to help maintain ongoing protection of retirement funds. However, amounts exceeding this cap might still be claimed by bankruptcy estates.

Particular Attention to Inherited IRAs and Rollovers

Protection extends to IRAs if transferred to another qualifying retirement plan within 60 days, a point particularly relevant for those transitioning from employer-sponsored plans like 401ks. However, inherited IRAs, especially non-spousal ones, enjoy less protection, as highlighted in the 2014 Supreme Court ruling in Clark v. Rameker.

Legal Defenses Not Included in Bankruptcy

Beyond bankruptcy, state laws may shield IRA funds from creditor claims, with ERISA’s anti-alienation clause safeguarding employer-backed pensions from being transferred to third parties. Still, individual retirement accounts receive varying protections depending on state legislation.

Exclusions from Protections

While federal laws provide substantial safeguards, they can be overridden by specific legal claims related to divorce, child support, QDROs, federal crimes, unpaid taxes, and penalties, making them not entirely unassailable.

Strategic Aspects

Avery Dennison employees with qualified plans governed by ERISA should weigh the level of creditor protection when deciding to keep funds in an existing employer plan or roll them over into an IRA. Opting to roll over to a new employer’s 401k may introduce stronger ERISA protections.

In Conclusion

The BAPCPA has significantly enhanced IRA protection against bankruptcy creditors, offering a lifeline during financial crises. However, these protections are not absolute. Avery Dennison employees must navigate the complexities of legal landscapes to help effectively manage their financial futures. Consulting a financial advisor or legal specialist is recommended to align retirement planning with both financial goals and legal constraints.

Additional Reading

For further insights into retirement planning and legal protections, consider these resources:

- Employee Retirement Income Security Act Turns 50: Protecting Your Plans

- The Average IRA Balance by Age

- How to Roll Over a 401(k) in Five Steps

These resources provide valuable analysis and practical advice on managing your retirement funds, critical for those nearing retirement age at Avery Dennison. Understanding the tax implications of IRA withdrawals in bankruptcy contexts is crucial, as the IRS mandates these distributions to be taxed as ordinary income, potentially complicating financial situations during challenging times. Proper timing of withdrawals, thus, becomes as crucial as understanding legal protections.

Articles you may find interesting:

Sources:

To support the content of this article on IRA protections under ERISA and BAPCPA, the following five sources offer valuable insights:

Kiplinger - This source offers a broad overview of IRA protections under BAPCPA, noting that, as of 2025, traditional and Roth IRAs have an exemption limit of $1,711,975 from the bankruptcy estate. It also details the challenges facing retirees, particularly the rising trend of bankruptcies among older adults. The source is beneficial for understanding how BAPCPA may protect IRA assets during bankruptcy, helping to provide a measure of financial security to retirees (Kiplinger, 2024)

kiplinger.com
The Tax Adviser - This article elaborates on how BAPCPA has changed the landscape for protecting IRA assets from creditors. It emphasizes the uniform protection provided across states, which contrasts with the pre-BAPCPA era where IRA protections could vary significantly by state. This source is particularly useful for detailing the legislative background and practical implications for retirees, helping them stay well-informed about their rights under federal law (The Tax Adviser, 2020)

thetaxadviser.com
Blake Harris Law - By discussing state versus federal protections, this source highlights Colorado's robust IRA protections that exceed federal limits. It offers retirees insights into how state laws can complement federal protections, helping to safeguard retirement funds against creditors, even beyond the federal exemption caps (Blake Harris Law, no date)

blakeharrislaw.com
Rosenblatt Law Firm - This source provides a comprehensive look at how different types of IRAs are treated under bankruptcy, including the distinction between ERISA-qualified plans and IRAs when it comes to creditor protections. It’s particularly valuable for retirees looking to understand the nuances of IRA protections and the implications of rolling over ERISA-protected funds into IRAs (Rosenblatt Law Firm, 2019)

rosenblattlawfirm.com
Investopedia - This article confirms the protection levels for various types of IRAs under BAPCPA, noting the specific caps and the full protection afforded to SEP and SIMPLE IRAs, as well as rollover IRAs. It's instrumental for retirees in planning and understanding how their retirement accounts might be treated in the event of bankruptcy, helping them make informed financial decisions (Investopedia, 2021)

investopedia.com

Each of these sources contributes significantly to defending the arguments about IRA protections for retirees, offering both legal insights and practical advice to help enhance financial stability in retirement.

How does the transition of the Avery Dennison U.S. Pension Plan to a group annuity contract affect current employees who are nearing retirement, and what steps should they consider taking during this transition to ensure their benefits are secure from Avery Dennison?

Current Employees Nearing Retirement: The transition to a group annuity contract should not affect the accrued benefits of current employees nearing retirement. The terms of the annuity payments will match those provided by the previous pension plan. Employees should ensure their personal information is updated and consult with the Avery Dennison Retirement Center to understand the timing of their benefits commencement during the transition period.

In what ways does Avery Dennison support employees who are considering their options for retirement benefits, particularly those who may not have previously explored their pension plan details prior to the transition to an insurer?

Support for Employees Exploring Retirement Options: Avery Dennison assists employees by providing detailed information through their retirement center and online resources. Employees are encouraged to review the changes and implications of the annuity transition and contact the retirement center for personalized advice, particularly if they have not previously explored their pension plan details.

Can you elaborate on the implications of the group annuity contract for employees who have recently retired from Avery Dennison, particularly concerning how their benefits are administered compared to the previous pension plan structure?

Recently Retired Employees: For those who have recently retired, the administration of their benefits will shift from Avery Dennison to the selected insurer but this should not change the amount, timing, or form of the benefits they receive. This ensures continuity in the administration of benefits without affecting the retirees directly.

For employees currently receiving benefits through Avery Dennison, how will the transition to the selected insurer impact the continuity and reliability of their monthly payments, and what measures are in place to safeguard these payments?

Continuity and Reliability of Payments: The transition involves the selection of a highly rated insurer, ensuring the reliability of ongoing monthly payments. Avery Dennison has put measures in place, including a thorough selection process involving an independent fiduciary, to safeguard these payments.

What are the specific protections offered to beneficiaries under the group annuity contracts once the Pension Plan transitions away from Avery Dennison's administration, and how do these protections differ from those provided under the Pension Benefit Guaranty Corporation (PBGC)?

Protections for Beneficiaries: After the transition, the state guaranty associations, rather than the Pension Benefit Guaranty Corporation (PBGC), will offer protection to beneficiaries. This shift means that while the federal insurance via PBGC will no longer apply, state-level insurance, which has its own limits and guarantees, will take over.

In light of the transition to the group annuity, how should employees at Avery Dennison go about updating their personal information, such as addresses or banking details, and what timelines should they be aware of during this process?

Updating Personal Information: Employees should update their personal details such as addresses or banking information through the Avery Dennison Retirement Center by specific deadlines during the transition period. Post-transition, such updates should be made directly with the new insurer.

How does Avery Dennison ensure that the financial health of the selected insurer for the group annuity contract is sufficient to meet the obligations to its retirees, and what standards are applied during the selection process?

Financial Health of the Insurer: Avery Dennison ensures the financial adequacy of the selected insurer through a rigorous selection process managed by an independent fiduciary. This includes evaluations of the insurer's financial stability, claims-paying ability, and overall business practices.

After the transition to an insurer is complete, what should employees of Avery Dennison do if they have questions regarding their retirement benefits, and how will communication be handled moving forward to ensure clarity and support?

Post-Transition Communication: After the transition, employees should direct their questions regarding retirement benefits to the selected insurer's service center. Avery Dennison will provide contact details and further instructions in a welcome kit following the transition.

How does the U.S. tax legislation impacts the retirement benefits of Avery Dennison employees who are transitioning to a group annuity, particularly concerning taxation of these annuity payments during retirement?

Impact of U.S. Tax Legislation: The transition to a group annuity may affect the taxation of retirement benefits. Employees are advised to consult with tax professionals to understand the specific impacts based on their personal circumstances.

For employees seeking more information regarding the details of their retirement benefits and the implications of the insurer transition, how can they contact Avery Dennison to discuss their specific circumstances and gain clarity on any outstanding questions?

Accessing Further Information: Employees seeking more details about their retirement benefits post-transition can contact Avery Dennison through their designated Retirement Center or access information via the company's dedicated benefits website. This is crucial for obtaining clarity on specific circumstances and outstanding queries regarding the transition.

Additional Articles

Check Out Articles for Avery Dennison employees

For more information you can reach the plan administrator for Avery Dennison at 207 Goode Ave Glendale, CA 91203; or by calling them at +1 626-304-2000.