State-mandated legislation

There is a developing trend among states to enact legislation requiring employers without retirement plans to enroll their employees in a payroll deduction individual retirement account (IRA) program run by the state. Employers will be required to automatically enroll their employees in the plan unless they actively opt out.

Select one of the four tabs directly below to locate your state. For all those that have passed legislation, you can click on the state in the map (or in the legend) for details.

Last updated: September 2024

  • Legislation passed & programs launched
  • Legislation passed & programs under construction
  • Legislation introduced
  • Legislation not recently considered
Legislation passed & programs launched

California

CalSavers Program

EFFECTIVE DATES

  • September 30, 2020 – Employers with at least 100 employees 
  • June 30, 2021 – Employers with 50-99 employees
  • June 30, 2022 – Employers with 5-49 employees
  • December 31, 2025 – Employers with 1 + employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

Employers who don’t offer a workplace retirement plan and have one or more California-based employees.

NON-COMPLIANCE PENALTY

Employers who fail to comply with the CalSavers program could face penalties of $250 per eligible employee after 90 days of being served notice, and up to $500 per eligible employee if non-compliance extends past 180 days.

Source: https://www.calsavers.com

Colorado

 

Colorado Secure Savings Program

EFFECTIVE DATES

  • March 15, 2023 - Employers with 50+ employees
  • May 15, 2023 - Employers with 15-49 employees
  • June 30, 2023 - Employers with 5-14 employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

Employers who have five or more Colorado-based employees at any time during the calendar year, have been in business for at least two years and haven't offered a qualified retirement plan in the preceding two years.

NON-COMPLIANCE PENALTY

Employers who don't offer a workplace retirement plan and have failed to enroll in Colorado Secure Savings Program will be fined $100 per eligible employee per year, not to exceed an aggregate amount of $5,000 in a calendar year. Enforcement of fines won't begin until at least one year after the program is established or one year after an employer is scheduled to enter the program, whichever is later.

Source: https://coloradosecuresavings.com

Connecticut

MyCTSavings

EFFECTIVE DATES

  • June 20, 2022 - Employers with 100+ employees
  • October 31, 2022 - Employers with 26-99 employees
  • August 31, 2023 -  Employers with 5-25+ employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

Employers who employed five or more individuals in the state on October 1 of the preceding calendar year and paid each such individual at least $5,000 in taxable wages in the preceding calendar year.

NON-COMPLIANCE PENALTY

If a qualified employer fails to enroll an eligible employee, the employee or the Labor Commissioner acting on behalf of the employee may bring a civil action to require the employer to enroll the employee and to pay litigation costs and reasonable attorney fees.

Source: https://myctsavings.com/

Illinois

Illinois Secure Choice

EFFECTIVE DATES

  • November 2019 – Employers with 25+ employees
  • November 2022 – Employers with 16-24 employees
  • November 2023 – Employers with 5-15 employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

Employers who don't offer a workplace retirement plan, have 5 or more employees and have been in business for at least two years.

NON-COMPLIANCE PENALTY

Employers who don't offer a workplace retirement plan and have failed to enroll in Illinois Secure Choice face a penalty of $250 per employee for the first year, escalating to $500 per employee for each subsequent year.

Source: https://www.ilsecurechoice.com/

Maryland

Maryland Saves Program

EFFECTIVE DATES

  • September 15, 2022

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

For-profit and nonprofit employers who don't offer a workplace retirement plan and have been in operation for at least two years with at least one employee and use an automated payroll system.

NON-COMPLIANCE PENALTY

$300 annual report filing fee is waived for participating employers.

Source: https://www.marylandsaves.org/

Oregon

OregonSaves

EFFECTIVE DATES

  • May 2020 - Employers with 5+ employees
  • March 1, 2023 - Employers with 3-4 employees
  • July 31, 2023 - Employers with 1-2 employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

Employers who don't offer a workplace retirement plan.

NON-COMPLIANCE PENALTY

Employers who don't offer a workplace retirement plan and have failed to enroll in OregonSaves may be fined $100 per eligible employee up to a maximum of $5,000 per calendar year.

Source: https://www.oregonsaves.com/

Legislation passed & programs under construction

Delaware

Expanding Access for Retirement and Necessary Saving (EARNS) Program

EFFECTIVE DATES

  • January 1, 2025 

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

Employers who employed at least 5 employees in the preceding calendar year and have been in business for at least 6 months who don’t offer a workplace retirement plan

NON-COMPLIANCE PENALTY

Employers who fail to comply may be subject to a penalty of up to $250 per employee per year to a maximum of $5,000.

Source:  https://earnsdelaware.com/

Hawaii

Hawaii Retirement Savings Program

EFFECTIVE DATES

  • TBD

WHAT TYPE OF PLAN IS OFFERED?

Employers must offer employees the option to opt into a payroll deduction IRA program.

WHO MUST COMPLY?

Employers who have at least one employee, have been in business for more than two years and who don’t offer a workplace retirement plan.

NON-COMPLIANCE PENALTY

Employers who fail to enroll covered employees can be subject to a penalty of up to $50 per month for each employee and would be liable to the employee for the amount of the contribution that would have been made for that employee plus interest at the annual rate of 6%.

Source: https://www.capitol.hawaii.gov/sessions/session2022/bills/SB3289_.HTM

Maine

Maine Retirement Investment Trust

EFFECTIVE DATES

  • April 30, 2024 - Employers with 15 or more eligible employees  
  • June 30, 2024 - Employers with 1+ eligible employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

For-profit and nonprofit employers with 5 or more employees that have been in business for at least 2 years and have not offered a workplace retirement plan within the current calendar year or two preceding calendar years.

NON-COMPLIANCE PENALTY

To be determined

Source: https://mainesaves.org

Minnesota

Secure Choice Retirement Program

EFFECTIVE DATES

  • January 1, 2025

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

For employers with 5 or more employees and that have been in business for at least 1 year.

Source: https://www.revisor.mn.gov/laws/2023/0/Session+Law/Chapter/46/

Nevada

Nevada Employee Savings Trust Program

EFFECTIVE DATES

  • July 1, 2025

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into an IRA

WHO MUST COMPLY?

For employers with 5 or more employees and that have been in business for the last 3 years.

Source: https://legiscan.com/NV/bill/SB305/2023

New Jersey

RetireReady NJ

EFFECTIVE DATES

  • To be determined

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

For-profit and nonprofit employers who don't offer a workplace retirement plan, have 25 or more employees and have been in business for at least two years.

NON-COMPLIANCE PENALTY

The NJ Auto-IRA Law imposes various penalties for non-compliance, ranging from a warning to a $500-per-employee fine upon employers for failing to enroll employees in the program in a timely manner.

Website - https://nj.gov/treasury/securechoiceprogram/

 New York

New York Secure Choice Savings Plan

EFFECTIVE DATES

  • To be determined

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a Roth IRA

WHO MUST COMPLY?

For-profit and nonprofit employers with 10 or more employees and that have been in business for at least 2 years. 

NON-COMPLIANCE PENALTY

To be determined

Source: https://www.securechoice.ny.gov/

Rhode Island

Rhode Island Secure Choice Retirement Savings Program

EFFECTIVE DATES

TBD

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into an IRA

WHO MUST COMPLY?

Employers with 5 or more employees who don't offer a workplace retirement plan.

NON-COMPLIANCE PENALTY

Employers that fail to allow eligible employees to participate in the program within 30 days from the date the notice of penalty was issued my face a $250 penalty per eligible employee.

Source: https://treasury.ri.gov/press-releases/governor-mckee-signs-treasury-bill-creating-rhode-island-secure-choice-retirement

Vermont

VT Saves

EFFECTIVE DATES

  • July 1, 2025 -  Employers with 25+ employees
  • January 1, 2026 -  Employers with 15-24 employees
  • July 1, 2026 -  Employers with 5-14 employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into an IRA

WHO MUST COMPLY?

For employers with 1 or more employees and that have been in business for at least 1 year.

NON-COMPLIANCE PENALTY

Employers face noncompliance penalties, including $10 per employee prior to Oct. 1, 2025; $20 per employee between Oct. 1, 2025 and Sept. 30, 2026, and then $75 per employee after Oct. 1, 2026. 

Source: https://legislature.vermont.gov/bill/status/2024/S.135

Virginia

RetirePath Virginia

EFFECTIVE DATES

  • July 1, 2025 - Employers with 25 or more covered employees  
  • January 1, 2026 - Employers with 15 to 24 covered employees
  • July 1, 2026 - All covered employers with 5 to 14 covered employees shall offer the Program to all covered employees

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into an IRA

WHO MUST COMPLY?

Employers who have 25 or more employees who don't offer a workplace retirement plan and have been operating for two or more years.

NON-COMPLIANCE PENALTY

Employers that fail to respond before the registration deadline, may face an annual penalty of up to $200 per eligible employee.

Source: www.retirepathva.com

Washington

Washington Saves Program

EFFECTIVE DATES

  • July 1, 2027

WHAT TYPE OF PLAN IS OFFERED?

Automatic enrollment into a regular or Roth IRA

WHO MUST COMPLY?

Employers who don’t offer a workplace retirement plan and have been in business for at least two years and have employees who worked a cumulative minimum of 10,400 hours in the previous year (5 FTE employees working 40 hours/week for 52 weeks = 10,400 hours). 

NON-COMPLIANCE PENALTY

Starting January 1, 2030, the non-complying employer will be subject to civil monetary penalties of $100 for the first willful violation, $250 for the second and $500 for each subsequent violation.

Source: https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session Laws/Senate/6069-S.SL.pdf?q=20240513101527

Legislation introduced

Legislation has been introduced but has not yet passed in the following states:

  • Arizona
  • Kansas
  • Kentucky
  • Louisiana
  • Massachusetts
  • Michigan
  • Missouri
  • Mississippi
  • Ohio
  • Oklahoma
  • Pennsylvania
  • Texas
Legislation not recently considered

Legislation has not recently been considered in the following states:

  • Alabama
  • Arkansas
  • Arizona
  • Florida
  • Georgia
  • Iowa
  • Idaho
  • Indiana
  • Montana
  • North Carolina
  • North Dakota
  • Nebraska
  • New Hampshire
  • New Mexico
  • South Carolina
  • Tennessee
  • Utah
  • West Virginia
  • Wisconsin
  • Wyoming