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Retirement legislation

State legislation

Articles


Table of contents


 * State retirement plan FAQs
 * States with active retirement laws
 * States that have passed legislation
 * States that have introduced legislation
 * Choosing the right retirement plan


WHAT IS A STATE-SPONSORED RETIREMENT PLAN?

LAST REVIEWED Feb 02 2023 8 MIN READ

By The Human Interest Team


THE HUMAN INTEREST TEAM

We believe that everyone deserves access to a secure financial future, which is
why we make it easy to provide a 401(k) to your employees. Human Interest offers
a low-cost 401(k) with automated administration, built-in investment education,
and integration with leading payroll providers.



Editorial Policy



Table of contents


 * State retirement plan FAQs
 * States with active retirement laws
 * States that have passed legislation
 * States that have introduced legislation
 * Choosing the right retirement plan

America’s retirement landscape is changing. Pensions have largely disappeared
from the private sector, Social Security seems fragile, and many workers are
struggling to save for retirement, especially employees at small-to-medium
businesses. 

Many states have passed legislation regarding retirement plans—and have upcoming
registration deadlines. It’s more important than ever to figure out what’s
required of your business, as well as to find the best retirement plan for you
and your employees. 

Before deciding what kind of coverage you want to offer your employees, however,
it's essential to understand how state-sponsored retirement plans work and how
they can benefit you and your employees. Unsure what’s going on in your state?
Keep reading to find out. 

Learn more about starting a 401(k) plan for your business:

 * Use our calculator to see how much a 401(k) would cost with SECURE Act tax
   credits applied.

 * Read more about the fees associated with launching and maintaining a 401(k)
   plan for your business.

 * Read our guide on setting up a small business 401(k).


STATE RETIREMENT PLAN FAQS


WHICH STATES HAVE PASSED LAWS? 

Since 2012, 46 states have either implemented a state-based retirement savings
program, studied program options, or considered legislation. Today, there are 16
states and two cities that have either passed laws or have pending legislation
that outlines new programs for private sector workers. Of that number, eight
states have active laws.




STATES WITH ACTIVE RETIREMENT LAWS


1. CALIFORNIA 

 * Type of plan: Individual Retirement Account (Auto-IRA)

 * Deadlines: Final deadline on June 30, 2022 requires employers with 5+
   employees to offer a plan (mandates for businesses with 100+ employees and
   50+ employees have already passed).

 * Fines: Employers may be subject to a $250 fine per employee if found in
   non-compliance 90+ days after the notice and a $500 fine per employee if
   found in non-compliance after 180+ days. 

Learn more about CalSavers


2. COLORADO

 * Type of plan: Individual Retirement Account (Auto-IRA)

 * Deadlines: Employers with 50+ employees must register by March 15, 2023;
   Employers with 15-49 employees must register by May 15, 2023; Employers with
   5-14 employees must register by June 30, 2023.

 * Fines: Employers may be subject to a $100 fine per employee (up to a maximum
   of $5,000 per calendar year) if found in non-compliance.

Learn more about Colorado SecureSavings


3. CONNECTICUT

 * Type of plan: Individual Retirement Account (Auto-IRA)

 * Deadlines: MyCTSavings opened for enrollment on April 1, 2022. Employers with
   100 or more employees must register by June 30, 2022; employers with 26 to 99
   employees must register by October 31, 2022.

 * Fines: There are penalties, but they are currently undefined. According to
   the program, "If a business falls out of compliance and fails to register, an
   investigation could occur and there may be penalties."

Learn more about MyCTSavings


4. ILLINOIS 

 * Type of plan: Individual Retirement Account (Auto-IRA)

 * Deadlines: Employers with 16-24 employees must register by November 1, 2022;
   employers with 5-15 employees must register by November 1, 2023.

 * Fines: Employers may be subject to a $250 fine per employee for the first
   calendar year in which employees aren’t enrolled or don’t opt-out and $500
   per employee for the second calendar year in which employees aren’t enrolled
   or don’t opt-out. 

Learn more about Illinois Secure Choice


5. MARYLAND

 * Type of plan: Individual Retirement Account (Auto-IRA)

 * Deadlines: TBD (program opened to the public on September 15, 2022)

 * Fines: TBD

Learn more about MarylandSaves


6. MASSACHUSETTS

 * Type of plan: Voluntary Open Multiple Employer Plan (MEP)

 * Deadlines: N/A

 * Fines: N/A 

Learn more about Massachusetts Defined Contribution CORE plan


7. OREGON 

 * Type of plan: Individual Retirement Account (Auto-IRA)

 * Deadlines: Registration for employers with 4 or fewer employees is in March
   2023 (registration deadlines for all other businesses have passed).

 * Fines: Employers may be subject to a $100 fine per employee (up to a maximum
   of $5,000 per calendar year) if found in non-compliance.

Learn more about OregonSaves


8. WASHINGTON    

 * Type of plan: Voluntary Marketplace

 * Deadlines: N/A

 * Fines: N/A

Learn more about Washington's retirement marketplace


STATES THAT HAVE PASSED LEGISLATION

StateImportant datesDelawareProgram implementation TBDHawaiiProgram
implementation TBDMaineProgram implementation to begin on April 1, 2023New
JerseyProgram was expected to launch in March 2022.New MexicoDeadline pushed to
July 1, 2024New YorkProgram implementation TBDVermontProgram implementation
TBDVirginiaProgram implementation expected July 1, 2023


STATES THAT HAVE INTRODUCED LEGISLATION

Arizona, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Texas, Utah, West Virginia, Wisconsin,
Wyoming


WHY ARE STATES CREATING STATE-SPONSORED RETIREMENT PROGRAMS? 

In short, legislation has been introduced to encourage more private-sector
businesses to offer a state retirement plan to their employees. Studies have
found that people are more likely to save for retirement if their employer
offers a 401(k) or some other type of retirement savings program. 

According to a National Institute on Retirement Security report from 2018,
nearly 60% of working Americans lack access to a workplace retirement plan. To
address the retirement savings crisis, states have implemented or proposed
legislation to establish a state-sponsored retirement savings plan to help
employees save. 


HOW DO STATE-MANDATED RETIREMENT PLANS WORK? 

While these plans are commonly thought of as 401(k)s, this isn’t necessarily
true. The majority of state-sponsored plans are actually Roth IRAs, which have a
different set of factors to compare from a competitor offering another 401(k):

 * 401(k)s can be pre-tax, while Roth IRAs are always post-tax

 * 401(k)s have a higher annual contribution limit compared to Roth IRAs

 * In 2023, 401(k) contribution limits are $22,500 ($30,000 for those older than
   50); while IRA contribution levels are $6,500 ($7,500 for those older than
   50).

For more information: IRA vs Roth IRA vs 401(k): What’s the difference?


DO STATE-MANDATED RETIREMENT PROGRAMS WORK?

Results have been mixed so far. For example, a 2021 study from the National
Bureau of Economic Research found that, while OregonSaves has generated savings
for more than 67,000 participants through April 2020, the average account
balance was only $754. On one hand, it’s encouraging that more employees are
saving. However, if this average account balance is any indication, these plans
are hardly setting up individuals for their retirement years.

The reality is that increasing access to retirement benefits is undeniably a
worthwhile effort. However, it’s still too early to determine if state-mandated
retirement programs truly work across the board. Retirement savings is a
marathon, not a sprint. That’s why the current state-run savings programs may
need more time to show their true performance.


WHAT DOES THIS MEAN FOR SMALL BUSINESSES?

Now is the time to get ahead. For small businesses in the states with retirement
legislation, now is the time to understand the program and prepare for it. Many
of the start dates are still in the future, but preparing now will make for a
smoother implementation and make it easier to find the best plan for your
business, and simplify implementation.

Understand your options. While using the state-sponsored plan is not mandatory,
in many states, businesses are legally required to offer some kind of retirement
plan. The good news? There are options.


CHOOSING THE RIGHT RETIREMENT PLAN

Many employers are prioritizing competitive retirement plans. Not only can
starting an employer-sponsored plan come with tax benefits, but it’s also
attractive to employees. Retirement benefits are central to employee loyalty, as
40% of employees say they’re a key reason to stay with an employer. Plus, 87% of
workers say a 401(k) is a must-have when looking for a new job.

However, finding the best retirement savings plan for your employees isn’t easy.
As an employer, you want to offer your employees tools that help them save for
their future. 


HOW TO CHOOSE THE RIGHT RETIREMENT PLAN

Start by identifying what is most important to you and your employees. It might
be…

 * The total amount that you and employees can save each year, as well as
   whether those contributions will come with any tax benefits.

 * The time and manual effort it takes to set up and administer the plan. Some
   providers offer integration with payroll providers to automate employee
   contributions. 

 * The cost to you, or your employees, and how those compare to the rest of the
   industry.

 * The level of support you and your employees desire, including help with setup
   and day-to-day administration, compliance, or choosing investments. 

 * Whether you and your staff seek dedicated account management and ongoing
   support by phone or email.

 * The specific features of the plan, like whether or not investment education
   is included, vesting schedules, the type of investment options you’ll be able
   to access, the option to offer perks like an employer match, and more. 

Read more about how to choose the best 401(k) provider for your needs.

If you’re a small business owner interested in offering a workplace retirement
savings plan, it’s important to figure out what works best for you. Human
Interest can help you find the latest information about state mandates. We offer
affordable, customizable plans that can satisfy the mandate in your state and
allow you and your employees to save more money each year.

Find out which 401(k) plan works best for your business.


START A 401(K) WITH HUMAN INTEREST

A Human Interest 401(k) plan can connect directly with your favorite payroll
provider and has zero transaction fees.

Start a 401(k)





Article By

The Human Interest Team

We believe that everyone deserves access to a secure financial future, which is
why we make it easy to provide a 401(k) to your employees. Human Interest offers
a low-cost 401(k) with automated administration, built-in investment education,
and integration with leading payroll providers.




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