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CALIFORNIA

EXEMPTION PLANNING

NEWSLETTER

WRITTEN BY: DUSTIN I. NICHOLS

AND HEATHER KOCER, CO-AUTHOR

Article 6: PRT Non-Qualified Plan v. ERISA-Qualified Plan

If you would like the benefits of exemption protection for your retirement assets without the hassle of continuously ensuring your Plan complies with the constantly changing ERISA regulations, establishing a customized Private Retirement Trust (“PRT”) pursuant to CCP § 704.115(b) maybe the best fit for you.  Each PRT is designed specifically for the individual participant in connection with a non-qualified Plan thereby avoiding being subject to the rules, restrictions, prohibitions and penalties of ERISA.  

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Checklist

Article 5: The Gluck Case

Not all Private Retirement Trusts are created equal and to illustrate this point, as well as the importance of checking off all the boxes in creating Private Retirement Trusts, we at Brown & Streza LLP thought it important to call attention to a recent case in which a Private Retirement Trust failed to survive judicial scrutiny and why.

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Article 4: Integration of Your PRT Professionals

Meet the Private Retirement Trust (“PRT”) integrated team that has joined forces to safeguard your and retirement assets and assist you in realizing your retirement goals.  With the PRT integrated team, you can rest assured that your PRT will be properly structured, funded and administered so you can enjoy the exemption protection of CCP § 704.115(b). 

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Article 3: Making it into the Exemption End Zone

Learn how to score a legal touchdown with the statutory exemption protection of CCP § 704.115(b) for Private Retirement Plans by exploring the extraordinary protection for retirement assets that is provided by case precedent, including the holding that “the very purpose of the exemption is to permit a judgment debtor to place funds beyond the reach of creditors […]”, and that the statute is to “be construed, so far as practicable, to the benefit of the judgment debtor.”  

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Article 2: The Plan Ingredients

Get a taste of the key ingredients required to create a Private Retirement Plan (“Plan”) that is designed in conformity with case precedent to ensure it will withstand scrutiny from the courts if challenged by creditors.  The most essential of which is the Private Retirement Trust, which is the vehicle created to preserve and protect your retirement assets.

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Article 1: The Potent Statutory Exemption Protection

of CCP § 704.115(b)

Explore California’s exemption planning toolbox and discover the potent statutory exemption protection provided by CCP § 704.115(b).  This statute allows California residents to preserve and protect their retirement assets at the expense of creditors by converting “exposed” personal assets to “exempt” private retirement assets.

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