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1140-state-retirement-savings-plans

Some 30 states are considering retirement savings plans for small business employees, and seven states are already implementing them. Learn the facts about plan design and see the variety of policies states are pursuing.

Legislation Enacted

California Secure Choice Retirement Savings Program

Auto IRA

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Will be clarified once regulations are adopted; opt-out available
  • Access to Funds: Not specified; shall be included in employee information packet
  • Portability: Not dependent upon employment with a specific firm or organization

For Employers

  • Definition of Employer: Employer with 5 or more employees; employer of provider of in-home services
  • Requirement to Offer a Plan: Mandatory; if choose to not participate, must offer a qualified alternative plan
  • Employer Contributions: Not permitted
  • Costs and Responsibilities: No administrative costs or program fees for employers; employers must distribute informational materials to employees, facilitate enrollment, set up payroll deduction, and remit employee contributions
  • Employer Liability: No liability for employee decisions to participate or opt out of program or for investments or administration of the program, and employer has no fiduciary obligations

For States and Taxpayers

  • ERISA: The Board shall develop the Program so as to not subject it to ERISA
  • Budget Implications (Including Startup Costs): $1.9 million appropriated by legislature in 2016 for start-up costs; $15 million appropriated in 2017 for start-up and administrative costs
  • Management and Operations: Overseen by the California Secure Choice Retirement Savings Investment Board
  • State Liability: No duty or liability for payment of benefits or loss
  • Source of Investments: Private sector
  • Investment Options: The Board shall establish investment options, and prepare an annual statement of investment policy
  • Effective Date: Scheduled to launch in late 2018

 

Connecticut Retirement Security Program

Auto IRA

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Yes: opt-out available
  • Access to Funds: Not specified
  • Portability: Not dependent upon employment with a specific firm or organization

For Employers

  • Definition of Employer: Business with five or more employees not currently offering a retirement plan
  • Requirement to Offer a Plan: Mandatory
  • Employer Contributions: Not permitted
  • Costs and Responsibilities: Not specified
  • Employer Liability: Not specified

For States and Taxpayers

  • ERISA: Not covered by ERISA
  • Budget Implications (Including Startup Costs): Funds may be borrowed by the Connecticut Retirement Security Authority, and may be repaid only by the revenue of the Authority.
  • Management and Operations: Administered by the Connecticut Retirement Security Authority
  • State Liability: Not liable for the payment of any benefit to any participant or beneficiary of any participant, and not liable for any liability or obligation of the Authority
  • Source of Investments: Private sector
  • Investment Options: Not specified
  • Effective Date: Implementation deadline scheduled to be revisted March 1, 2018

Illinois Secure Choice Savings Program

Auto IRA

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Yes; opt-out available
  • Access to Funds: Not specified; shall be included in employee information packet
  • Portability: Not dependent upon employment with a specific firm or organization

For Employers

  • Definition of Employer: Business with 25 or more employees that has been in business for at least two years and that does not offer a qualified alternative plan
  • Requirment to Offer a Plan: Mandatory; if choose to not participate, must offer a qualified alternative plan
  • Employer Contributions: Not permitted
  • Costs and Responsibilities: No administrative costs or program fees for employers; employers must distribute informational materials to employees, facilitate enrollment, set up payroll deduction, and remit employee contributions
  • Employer Liability: No liability for employee decisions to participate or opt out of program or for investments, and employer has no fidicuciary obligations 

For States and Taxpayers

  • ERISA: The Board shall request an opinion from the entity with jurisdiction regarding applicablity of ERISA to the program
  • Budget Implications (Including Startup Costs): $2.1 million appropriated by legislature for fiscal year 2017 start-up costs; $250,000 appropriated from the Tax Compliance and Administration Fund for refunds associated with the Act
  • Management and Operations: Overseen by the Illinois Secure Choice Savings Board
  • State Liability: No duty or liability for payment of benefits or loss
  • Source of Investments: Private sector
  • Investment Options: The Board shall establish investment options, and prepare an annual statement of investment policy
  • Effective Date: Phase one of pilot is scheduled to begin in 2018

 

Maryland Small Business Retirement Savings Program

Auto IRA

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Yes; opt-out available
  • Access to Funds: Not specified
  • Portability: Not dependent upon employment with a specific firm or organization

For Employers

  • Definition of Employer: Business that pays employees through a payroll system or service and does not currently offer a retirement savings option to its employees
  • Requirement to Offer a Plan: Mandatory
  • Employer Contributions: Not permitted
  • Costs and Responsibilities: Not specified
  • Employer Liability: No fiduciary liability or obligation

For States and Taxpayers

  • ERISA: Not covered by ERISA
  • Budget Implications (Including Startup Costs): The Maryland Small Business Retirment Savings Board, consistent with its fiduciary duties, may enter into an agreement to borrow funds from the state or any other entity to provide funding for the operation of the program until the program can generate sufficient funding for operations through fees assessed on program accounts.
  • Management and Operations: Administered by the Maryland Small Business Retirement Savings Board
  • State Liability: The Board my not offer any investment options that could result in liability to the state or its taxpayers
  • Source of Investments: Not specified
  • Investment Options: Not specified
  • Effective Date: Implementation anticipated by the end of 2018 or earl 2019

 

Massachusetts Defined Contribution CORE Plan

Multiple Employer Plan

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Permitted, but not required
  • Access to Funds: Not specified
  • Portability: Not specified

For Employers

  • Definition of Employer: Nonprofit employers with 20 or fewer employees
  • Requirement to Offer a Plan: Voluntary
  • Employer Contributions: Permitted
  • Costs and Responsibilities: Not specified
  • Employer Liability: Not specified

For States and Taxpayers

  • ERISA: Covered by ERISA
  • Budget Implications (Including Startup Costs): Not specified
  • Management and Operations: Overseen by the Office of the State Treasurer
  • State Liability: Not specified
  • Source of Investments: Not specified
  • Investment Options: The treasurer may contract with practicioners, administrators, investment managers and other entities, including the pension reserves investment management board, in order to design, administer and provide investment options under the plan
  • Effective Date: Launched October 2017

 

New Jersey Small Business Retirement Marketplace

Marketplace

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: No
  • Access to Funds: Not specified
  • Portability: Not specified

For Employers

  • Definition of Employer: A person, firm, corporation, partnership, or sole proprietor, or any other employer that is actively engaged in business with fewer than 100 qualified employees at the time of enrollment, and a majority of which employees are employed in New Jersey.
  • Requirement to Offer a Plan: No
  • Employer Contributions: Depends on selected plan
  • Costs and Responsibilities: Not specified
  • Employer Liability: Not specified

For States and Taxpayers

  • ERISA: Depends on selected plan
  • Budget Implications (Including Startup Costs): Not specified
  • Management and Operations: New Jersey Department of the Treasury
  • State Liability: The state is not to be exposed to any liability
  • Source of Investments: Not specified
  • Investment Options: Depends on selected plan
  • Effective Date: January 19, 2016
  • Bill Text: New Jersey Small Business Retirment Marketplace Act

New York State Secure Choice Savings Program

Payroll Deduction Roth IRA

For Employees

  • Eligibility: Any Individual who is eighteen years of age or older who is employed by an employer, and who earned wages working for an employer in New York state during a calendar year
  • Automatic Enrollment: Board may consider use of automatic enrollment; opt-out available
  • Access to Funds: Not specified
  • Portability: Not dependent upon employment with a specific firm or organization

For Employers

  • Definition of Employer: Any employer who does not currently offer a retirement plan and has not offered a qualified plan in the last two years
  • Requirement to Offer a Plan: Voluntary
  • Employer Contributions: Not permitted
  • Costs and Responsibilities: Not specified
  • Employer Liability: Participating employers shall have no liability for an employee's decision to participate or not participate in the program, or for the decisions of the board or of any enrollee

For States and Taxpayers

  • ERISA: Not covered by ERISA
  • Budget Implications (Including Startup Costs): Not specified
  • Management and Operations: To be overseen by the New York Secure Choice Savings Program
  • State Liability: The state shall have no liability for the payment of any benefit to any enrollee in the program
  • Source of Investments: Not specified
  • Investment Options: The New York Secure Choice Savings Program Board shall determine which investment options are available, including which is the default option
  • Effective Date: The program shall be implemented, and enrollment of employees shall begin, within 24 month after April 12, 2018, the effective date of the law. The Board may delay implementation by an additional 12 months if necessary

OregonSaves

Auto IRA

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Yes; opt-out available
  • Access to Funds: Distribution of funds may be requested by submitting a completed sitribution request to the Program Administrator
  • Portability: Not dependent upon employment with a specific firm or organization

For Employers

  • Definition of Employer: Business with 1 or more employee in 18 weeks of a calendar year or where the payroll amounts to $1,000 or more, not currently offering a retirement plan
  • Requirement to Offer a Plan: Mandatory; if choose to not participate, must offer a qualified alternative plan
  • Employer Contributions: Not permitted
  • Costs and Responsibilities: Administrative costs paid for by fees of approximately 1% of total assets per year
  • Employer Liability: Not specified

For States and Taxpayers

  • ERISA: Not covered by ERISA
  • Budget Implications (Including Startup Costs): $250,000 appropriated by legislature for outreach and technical assistance; $743,541 appropriated for operating expenses
  • Management and Operations: Overseen by the Oregon Retirement Savings Board; Ascensus serves as the program's administrator
  • State Liability: Not specified
  • Source of Investments: Private sector
  • Investment Options: The Oregon Retirement Savings Board determines which investment options are available; options will be made available to participants online or by phone
  • Effective Date: Pilot launched July 1, 2017; will be phased in over the next three years

Vermont Green Mountain Secure Retirement Plan

Multiple Employer Plan

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Yes; opt-out available
  • Access to Funds: Not specified
  • Portability: Not dependent upon employment with a specific firm or organization

For Employers

  • Definition of Employer: Business with 50 employees or fewer not currently offering a retirement plan; self-employed individuals
  • Requirement to Offer a Plan: Voluntary
  • Employer Contributions: Future voluntary contributions permitted
  • Costs and Responsibilities: Not specified
  • Employer Liability: Not specified

For States and Taxpayers

  • ERISA: Covered by ERISA
  • Budget Implications (Including Startup Costs): Not specified
  • Management and Operations: Administered by a board to be determined by the Public Retirement Study Committee
  • State Liability: Not specified
  • Source of Investments: Private sector
  • Investment Options: Not specified
  • Effective Date: To be implemented on or before January 15, 2019

Washington's Small Business Retirement Marketplace

Marketplace

For Employees

  • Eligibility: Employee of participating employer
  • Automatic Enrollment: Depends on selected plan; opt-our availavle if automatic enrollment selected
  • Access to Funds: Not specified
  • Portability: Not specified

For Employers

  • Definition of Employer: Business with 100 employees or fewer; self-employed individuals; sole proprietors
  • Requirement to Offer a Plan: Voluntary
  • Employer Contributions: Depends on selected plan
  • Costs and Responsibilities: Depends on selected plan
  • Employer Liability: Not specified

For States and Taxpayers

  • ERISA: Depends on selected plan
  • Budget Implications (Including Startup Costs): $524,000 appropriated for two-year budget cycle, and Director may use private funding an/or accpt grants to cover marketplace expenses
  • Management and Operations: Operated by the Washington State Department of Commerce
  • State Liability: State is not to be exposed to an potential liability, and no state-based retirement plan for businesses or individuals who are not employed by the state of Washington may be offered
  • Source of Investments: Private sector
  • Investment Options: Depends on plan selected from marketplace
  • Effective Date: To be implemented by late 2017

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Legislation Introduced

Arizona Secure Choice Retirement Savings Trust Act (SB1332)

Summary

Plan Characteristics:The state will establish the Secure Choice Savings Program, an automatic IRA administered by a state board. The board has the power to make and enter contracts that are needed to administer the fund. The default contribution level is 3% of wages. The board has the power to change the default contribution rate but it cannot be less than 2% or exceed 4%. The board will publish an annual financial report which a different entity will audit. The state is not responsible for paying the beneficiaries of the program; private insurance companies are liable. Any contributions that the employers and employees make to the trust will be used solely for paying benefits to the participants of the program, the actual cost of running the program and making investments for the benefit of the program.

Employer Requirements

Under the Secure Choice Savings Program, private sector employers with 5+ employees that have been in business for at least two years must offer their employees a way to save for retirement via payroll deduction, so the program includes one or more payroll deposit IRA arrangements. After the board opens the program for enrollment, employers with more than 100 employees that do not have a way for their employees to save will need to enroll in such a payroll deposit savings arrangement within the first three months. After six months, employers with less than 50 employees will also need to enroll in a deposit savings arrangement. After nine months, all employers with more than five employees must participate as well. Employers always retain the right to set up an employer sponsored retirement plan. Employers are not responsible for an employee's decision to participate in the program, they are not a fiduciary, and they are not responsible for the administration of the program; however, the employers can voluntarily contribute to their employees' investments.

Employee Options

Eligible employees can only opt in during the employer's designated open enrollment period, and any eligible employee can opt out during the open enrollment period or end their participation at any time.

Sponsors

Martin Quezada, Democrat, District 29, Senate; Mark A. Cardenas, Democrat, District 19, House of Representatives; Ceci Velasquez, Democrat, District 29, House of Representatives; Charlene R. Fernandez, Democrat, District 4, House of Representatives

Colorado Secure Savings Plan (HB 1403)

Sponsors

Representatives Brittany Pettersen and John Buckner, House of Representatives

Nancy Todd and Kerry Donovan, Senate

Georgia Work and Save Study Committee (SR736)

Summary

The president of the Senate will appoint five members of the Senate to the Work and Save committee, which will conduct a study on retirement security in Georgia to determine the best course of action or legislation deemed necessary. Funds necessary to carry out provisions of this resolution will come from funds appropriated by the Senate. The study will include the following: the number and type of employees in the state that are not covered by an employer sponsored retirement plan, the plans being offered by employers, an analysis to determine how the state can encourage employees to prepare for retirement, the feasibility of creating a public-private partnership work and save plan in Georgia to residents without a plan, the best model for such a plan, the criteria for participation by employers and employees, the long term financial impact to the state's social safety net programs and actions that the state can take to encourage participation by employers and employees in employer sponsored retirement savings plans.

Sponsors

Charlie Bethel, Republican, District 54, Senate; John Albers, Republican, District 56, Senate; P. K. Martin IV, Republican, District 9, Senate;  Tyler Harper, Republican, District 7, Senate; Burt Jones, Republican, District 25, Senate; David Shafer, Republican, District 48, Senate

Hoosier Employee Retirement Options Portal (HB1349)

Summary

This bill creates a Portal Board with seven members. The board has the power to contract private sector entities to design, implement and operate a portal that will connect eligible employers and their employees with approved retirement plans.  The board can use private funding sources to pay for any expenses associated with starting up the portal and the HERO portal fund will be used to pay for the expenses of the portal. The board has until June 30th, 2017 to design a plan for the operation of the portal and to propose standards for the retirement plans that will be available in the portal. Any financial services firm participating in the portal must at least offer a target date fund and a balanced fund, and they must also display the historical performance on every investment; the default contribution level is 3% of wages and the default investment is a target date fund.  The financial services firm must also allow a rollover feature that would permit an employee to transfer their account to another plan if they chose to terminate their previous plan. Participation is voluntary for employers with 100 or fewer employees. Employees may opt out, select investments, adjust their contribution levels, change their investment option, or terminate their participation at any time.

Sponsors

Sean Eberhart, Republican, District 57, House of Representatives; Matthew Lehman, Republican, District 79, House of Representatives

Louisiana Secure Choice Savings Plan (SB53)

Summary

The Louisiana Secure Choice board will manage the funds of the plan and select 3 or more companies to manage the pool of plan assets. Private Sector Employers with twenty-five or more employees that have been in business for at 2 least years must offer their employees a way to save for retirement via payroll deduction; employers with less than twenty-five employees or employers that have been in business less than two years may participate voluntarily. Employers will choose a provider for their employees and the default contribution level is 3% of wages. The contribution rate will increase by one percent each year to a maximum of either fifteen percent or one hundred dollars per paycheck; the maximum annual payroll contribution is $5,500. Employers can contribute up to $5,000 per year to each employee's plan, but they are not a fiduciary and they are not responsible for the selection, management or administration of the plan. An employee may opt out, select and later adjust their contribution level, select and later change their investment option, or terminate participation at any time.

Sponsors

Troy Brown, Democrat, District 2, Senate

Maine Small Business Marketplace (LD 1318)

 

Introduction

The state will establish the Maine Small Business Retirement Marketplace a state-facilitated automatic IRA under the office of the State treasurer. The default investment option will be selected by the treasurer and the default contribution level is 3% of wages. The treasurer has the power to make and enter contracts for the administration of the marketplace and fund, but the state is not liable for the payment of any retirement savings benefits accrued by the programs participants. Funds may be invested by the treasurer or private investment managers that are selected by the treasurer. The treasurer will use funds deposited into an enterprise fund to pay for administration expenses and will also facilitate education and outreach about the program to employers and employees. Before the program opens for enrollment, the marketplace will create and distribute information packets for both the employers and employees that will consist of background information on the program, how to navigate the program's features, disclosures for employees and information about any publicly accessible website related to the program; employers will give employees these packets at the time of hiring. Private sector employers with more than 10 employees and which have been in business for at least 2 years must offer their employees a way to save for retirement via payroll deduction; employers retain the right to establish their own retirement plans. Participating employers are not liable for an employee's decisions when it comes to participating or selecting options; they are not a fiduciary. Financial liability for the payment of retirement savings benefits rests solely on the entities contracted by the board. An employee may opt out, select and later adjust their contribution level, change their investment option, and terminate participation at any time.

Plan Characteristics

The state will establish the Maine Small Business Retirement Marketplace, a state-facilitated automatic IRA under the office of the State treasurer. The default investment option will be selected by the treasurer and the default contribution level is 3% of wages. The treasurer has the power to make and enter contracts for the administration of the marketplace and fund, but the state is not liable for the payment of any retirement savings benefits accrued by the programs participants.  Funds may be invested by the treasurer or private investment managers that are selected by the treasurer. The treasurer will use funds deposited into an enterprise fund to pay for administration expenses and will also facilitate education and outreach about the program to employers and employees. Before the program opens for enrollment, the marketplace will create and distribute information packets for both the employers and employees that will consist of background information on the program, how to navigate the program's features, disclosures for employees and information about any publicly accessible website related to the program; employers will give employees these packets at the time of hiring.

Employer Requirements

Private sector employers with more than 10 employees and which have been in business for at least 2 years must offer their employees a way to save for retirement via payroll deduction; employers retain the right to establish their own retirement plans. Participating employers are not liable for an employee's decisions when it comes to participating or selecting options; they are not a fiduciary. Financial liability for the payment of retirement savings benefits rests solely on the entities contracted by the board.

Employee Options

An employee may opt out, select and later adjust their contribution level, change their investment option, and terminate participation at any time.

Sponsors

Henry E. M. Beck, Democrat, District 110, House of Representatives

Retirement Savings Program Act (HB 5776)

Sponsors

Scott Dianda, Robert Wittenberg, Jeff Irwin, Marilyn Lane, and Winnie Brinks, House of Representatives

New York State Secure Choice Savings Program (A 8332/S 6045)

Plan Characteristics

The state will establish the Secure Choice Savings Program, an automatic IRA administered by a state board; the default investment will be a life-cycle fund with a target date and the default contribution is 3% of wages. The board can also establish one or all of the following investment options: a conservative principal protection fund, a growth fund, a secure return fund and an annuity fund. The board has the power to make and enter contracts and must submit a performance review of investment vendors every four years. The board will also facilitate education and outreach about the program to employers and employees.

Employer Requirements

Under this program, private sector employers with more than 25 employees that have been in business for at least two years must offer their employees a way to save for retirement via payroll deduction; any employer with one or both of these attributes are eligible to voluntarily participate in the automatic IRA program. The state, board and employers are not liable for the payment of any retirement savings benefits accrued by the program's participants.

Employee Options

Employees may opt not to participate, select or change their investment options, or terminate participation at any time. Participating employers are not liable for an employee's decisions when it comes to participating or selecting options; they are not a fiduciary. All financial liability will be absorbed by the insurer entities that the board contracts.

Sponsors

Diane J. Savino, Democrat, District 23, Senate

Private Employer IRA Program (H 7219)

Plan Characteristics

The Automatic Enrollment Payroll Deduction IRA program will be administered by the States Department of Labor and Training. The default investment option is a lifestyle balanced qualified default investment alternative and the default contribution level is 3% of wages earned during payroll periods; employees may opt to not participate, select and later adjust their contribution level, select and later change their investment options, and terminate participation at any time. The Department of Labor and Training has the power to make and enter contracts and its budget will absorb the administration fees; it will also facilitate education and outreach about the program to employers and employees. Before the program opens for enrollment, the department will create and distribute information packets for both the employers and employees that will consist of background information on the program, how to navigate the program's features, and disclosures for employees and information of any internet website; the state investment commission will only create and maintain a website dedicated to the program if there is enough interest by the private sector providers. The state is not liable for the payment of any retirement savings benefits accrued by the program's participants.

Employer Requirements

Employers have 6 months to establish an automatic payroll deposit retirement savings arrangement and employers with less than 4 employees that have been in business for two or more years can voluntarily participate in the program. Employers will give employees the information packet at the time of hiring Private sector employers with more than 5 employees that have been in business for at least 2 years must offer their employees a way to save for retirement via payroll; they do not need to offer the automatic enrollment payroll deduction IRA program if they set up some other type of employer-sponsored retirement plan. Participating employers are not liable for an employee's decisions when it comes to participating or selecting options; they are not a fiduciary.

Employee Options

Employees are eligible as long as they do not work for the state government, are not part of a collective bargaining agreement and are over the age of 18 before the beginning of the calendar year.

Sponsors

John Edwards, Democrat, District 70, House of Representatives; Kenneth Marshall, Democrat, District 68, House of Representatives; Joseph Shekarchi, Democrat, District 23, House of Representatives; Edith Ajello, Democrat, District 1, House of Representatives; Joseph Solomon, Democrat, District 22, House of Representatives

Utah Voluntary Employee Retirement Accounts Program (SB 133)

Plan Characteristics

The state treasurer will contract one or more providers to create a voluntary IRA arrangement for private sector employers with less than 100 employees. The state will contract one or more providers to develop educational information in order to educate the public about the program, but the state will not be liable for gains and losses.

Employer Requirements

If an employer does not offer a retirement savings program, it may choose to participate. Every year, the employer will tell its employees whether it is participating in the IRA arrangement; the employer will also tell its employees how they can participate-regardless of the employer's participation status.

Employee Options

Employees working for a non-participating employer may still elect to participate, but will have to make their own deposits.

Sponsors

Todd Weiler, Republican, District 23, Senate; Dixon M. Pitcher, Republican, District 10, House of Representatives

Private Retirement Security Plan (SB 45/AB 70)

Plan Characteristics

This bill creates a Wisconsin Private Retirement Security Board which will conduct a study to help determine the feasibility of creating a private retirement security plan in Wisconsin. The governor and the members of the joint committee will submit their report to the legislature eighteen months after the release of this statement. The report will summarize the feasibility study, notably the testimony received at public hearings and the design of the plan; it will also include the estimates of the initial costs of establishment and administration of the plan and the time it will take to make the plan viable. The board will implement the plan in accordance tothe legislation and can charge fees to the participants in the plan to cover administration costs, to recover investment costs and to repay the general fund.

Employer Requirements

To be announced


Employee Options

To be announced

Sponsors

Dave Hansen, Democrat, District 30, Senate; Nikiya Harris Dodd, Democrat, District 6, Senate; Janis A. Ringhard, Democrat, District 15, Senate; Mark Miller, Democrat, District 16, Senate; Chris Larson, Democrat, District 7, Senate; Kathleen Vinehout, Democrat, District 31, Senate; Robert W. Wirch, Democrat, District 22, Senate; Fred A. Risser, Democrat, District 26, Senate

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