不受保护。
Individual Retirement Accounts (IRAs) in the United States are provided with a certain level of bankruptcy protection under federal law, which helps to shield these assets from creditors in the event of bankruptcy. This protection is governed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
As of my last update in April 2023, here are the key points regarding bankruptcy protection for IRA accounts:
1. **Traditional and Roth IRAs**: The BAPCPA provides protection for traditional and Roth IRAs up to a certain limit in bankruptcy proceedings. This limit is adjusted periodically to account for inflation. As of 2023, the inflation-adjusted cap is around $1,512,350 for all your traditional and Roth IRAs combined. This amount is subject to change, so it's important to check the current limit.
2. **SEP and SIMPLE IRAs**: Simplified Employee Pension (SEP) IRAs and Savings Incentive Match Plan for Employees (SIMPLE) IRAs are treated differently. These types of accounts, which are employer-sponsored IRAs, have unlimited protection under the Employee Retirement Income Security Act of 1974 (ERISA) when rolled over into an IRA. However, contributions made directly to SEP and SIMPLE IRAs (not as rollovers from ERISA-qualified plans) may not have the same level of protection as ERISA-qualified plans but are generally protected under BAPCPA without the specific dollar cap that applies to traditional and Roth IRAs.
3. **Inherited IRAs**: The U.S. Supreme Court ruled in 2014 (Clark v. Rameker) that inherited IRAs do not qualify for bankruptcy exemption under the federal law that exempts retirement funds from the bankruptcy estate. This means that inherited IRAs may be accessible to creditors in bankruptcy proceedings, unlike IRAs that you contribute to directly or roll over from a qualified employer-sponsored plan.
4. **State Protections**: In addition to federal protections, some states offer additional protections for IRAs in bankruptcy proceedings. State laws vary widely, so the level of protection can depend significantly on where the account holder files for bankruptcy.
5. **Exemptions and Planning**: It's important for individuals to understand how their retirement assets are protected in their specific state and under federal law, especially when considering bankruptcy. Consulting with a legal professional who specializes in bankruptcy law is advisable for personalized advice and planning.
These protections are designed to help individuals retain their retirement savings even in the face of financial difficulties, recognizing the importance of providing a safety net for retirees. However, the specifics can be complex, and the laws may change, so staying informed about current regulations and seeking professional advice when necessary is important.
When you roll over assets from an ERISA-qualified employer-sponsored retirement plan, such as a 401(k), into an Individual Retirement Account (IRA), the protection from creditors in bankruptcy for the rolled-over funds can be a bit complex and depends on several factors, including federal law, the specifics of the rollover, and potentially state law.
Here's a general overview of how the protection works:
1. **Federal Protection for Rolled-Over Funds**: Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), rolled-over funds from an ERISA-qualified plan into an IRA generally retain unlimited bankruptcy protection. This means that the funds rolled over from 401(k)s and similar plans into an IRA are supposed to be fully protected from creditors in bankruptcy, without being subject to the IRA protection cap that applies to regular IRA contributions.
2. **Clarification by the Supreme Court**: The Supreme Court has recognized that funds rolled over from a qualified plan into an IRA retain their protected status. The intention is to encourage and protect retirement savings, recognizing the importance of these assets for an individual's retirement security.
3. **Treatment of Contributions and Earnings**: It's important to distinguish between the rolled-over funds and any additional contributions made directly to the IRA or earnings on those contributions. The additional contributions and earnings are subject to the regular IRA bankruptcy protection cap, which is adjusted periodically for inflation (as of 2023, approximately $1,512,350 for all IRAs combined, but this amount is subject to change).
4. **Documentation and Record-Keeping**: To ensure that the rolled-over funds receive the appropriate level of protection, it's critical to maintain good records. This includes documentation of the rollover transaction, showing that the funds were transferred from an ERISA-qualified plan to the IRA. This documentation can be crucial in a bankruptcy proceeding to prove that the funds are eligible for the unlimited protection associated with their origin in an ERISA-qualified plan.
5. **State Law Considerations**: While federal law provides a broad layer of protection, state laws may also play a role in how retirement assets are treated in bankruptcy. Some states offer additional protections for IRAs beyond federal law, which could potentially affect how rolled-over funds are treated. However, the federal bankruptcy exemptions typically offer robust protection for rolled-over retirement funds.
Given the complexity of these issues and the potential for significant financial impact, individuals considering a rollover or facing bankruptcy should consult with a legal or financial professional. This ensures that they fully understand the protections applicable to their retirement assets and can make informed decisions accordingly.
https://rosenblattlawfirm.com/blog/creditor-protection-of-retirement-plan-assets/
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