What happens to an employee's pension if their employer goes bankrupt?
The Pension Benefit Guaranty Corporation (PBGC) insures pensions. Its maximum annual payment is $54,000 per year for workers aged 65 and older. However, the amount can be reduced or increased depending on the circumstances. In rare instances, an employer may continue its pension plan even after bankruptcy.
ERISA protects pensions
An employee may be concerned that if their employer goes bankrupt, their pension benefits will be in jeopardy. However, ERISA protects pensions in all 50 states, as long as the pension benefits are properly funded and kept separate from the business's assets. Usually, the funds will be held in a trust or insurance contract, which will protect them from creditors.
The Employee Retirement Income Security Act of 1974 (ERISA) is the Federal law that protects private sector employees who are covered by pension plans. The Act does not require employers to provide pensions, but it does require them to fund such plans. These pensions can be defined benefit plans or defined contribution plans, in which members contribute to a plan and share in investment gains. The latter type of plan is also called a profit-sharing plan. ERISA also preempts state laws that may limit the number of pensions that a private employer can offer its employees.
401(k) contributions are deposited by employers
When you make 401(k) contributions, your employer matches that amount. This is called a "match." Your employer will deposit the matching amount into your 401(k) account and can match your contribution up to a certain percentage. In many cases, your employer will match up to 4% of your salary. This means that if you earn $50,000, your employer will deposit $2,000 into your account.
Employers should deposit participant contributions on time. If you deposit contributions late, you can be subject to a penalty of 20 percent of the amount not deposited. If you are unable to pay this penalty, you can request the Department of Labor waive it.
If you have any questions, you can get a free consultation with Ascent Law LLC:
Ascent Law LLC:
8833 South Redwood RoadSuite C
West Jordan, UT 84088
(801) 676-5506
