Know Your State’s Mandate
The purpose of state mandated retirement plans are to provide workers with a way to save for their retirement, particularly those who lack employer-sponsored plans. It is important to stay aware of your state’s rules when it comes to a mandatory retirement plan, as they can impact business with or without a plan.
- For businesses without a retirement plan, you will want to be aware of your state’s rules for who is required to offer a plan, and when you are required to sign up. Many states have enrollment phases based on how many employees you have.
- For businesses with a retirement plan, your state may require you to opt-out of their mandatory program by certifying that you already have a plan in place.
Each state’s plan is different, so you will want to be aware of the specific rules put in place by your state. Please see below for some information on the different states or reach out to us if you would like to talk further about your options.
| CalSavers - State of California IRA Program (California) | |
|---|---|
| Status | Active program |
| Employers impacted | All employers with 5 or more employees without a retirement plan are required to join the program. The registration deadline for employees with 1-4 employees is December 31, 2025. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | If 18 years or older, automatically enrolled at 5% after 30 days |
| Auto-escalation | 1% annual increase on enrollment anniversary up to 8% |
| Investments | 2 Funds + State Street Target Date Series |
| Penalties |
|
| Website | https://www.calsavers.com/ |
| Colorado SecureSavings Program (Colorado) | |
|---|---|
| Status | Active program |
| Employers impacted | Employers with five or more employees in business for at least two years and do not already offer a retirement plan. Opt-in allowed for sole proprietors and smaller businesses. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | 5% following the employee’s 180th day of employment |
| Auto-escalation | Yes; increase by an additional 1% on each January 1 the year following an employee enrolling in the plan, to a maximum of 8%. |
| Investments | 3 Funds + State Street Target Date Series |
| Penalties | $100 per eligible employee per year, not to exceed $5,000 annually |
| Website | https://coloradosecuresavings.com/ |
| MyCTSavings (Connecticut) | |
|---|---|
| Status | Active program |
| Employers impacted | Employers with five or more employees, each of whom has been paid more than $5,000 in the calendar year. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | If an employee is 19 years or older, automatically enrolled at 3% after 120 days |
| Auto-escalation | N/A |
| Investments | 8 Funds + Vanguard Target Date Series |
| Penalties |
|
| Website | https://myctsavings.com/ |
| Delaware EARNS Program (Delaware) | |
|---|---|
| Status | Active Program |
| Employers Impacted | Employers with five or more employees in business for at least six months of the preceding calendar year. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | 5% after earning income from a Delaware employer for at least 120 days and is 18 or older. |
| Auto-escalation | 1% every January until 10% |
| Investments | 3 Funds + State Street Target Date Series |
| Penalties | $250 per employee per year, up to a maximum total penalty of $5,000 per year. |
| Website | https://treasurer.delaware.gov/earns/ |
| Hawaii Saves Retirement Savings Program (Hawaii) | |
|---|---|
| Status | Legislation passed; implementation timeline TBD. |
| Employers Impacted | Employers with one or more employees |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | 3% |
| Auto-escalation | No |
| Investments | TBD |
| Penalties | TBD |
| Other features | $500 state match for the first 50,000 participants to contribute to the plan for 12 consecutive months |
| Website | https://legiscan.com/HI/drafts/SB3289/2022 |
| Illinois Secure Choice Savings Program (Illinois) | |
|---|---|
| Status | Active program |
| Employers Impacted | All employers with five or more employees in business for at least two years. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | 5% after 60 days with employer if 18 years or older |
| Auto-escalation | 1% annual increase on enrollment anniversary up to 10% |
| Investments | 3 funds + BlackRock Target Date Series |
| Penalties |
|
| Website | https://www.ilsecurechoice.com/home.html |
| Maine Retirement Investment Trust (Maine) | |
|---|---|
| Status | Active Program |
| Website | https://meritsaves.org/ |
| Employers Impacted | All private sector employers with 5 or more employees in business 2 years or more. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | Yes - 5% |
| Auto-escalation | 1% annual increase on enrollment anniversary up to 10% |
| Investments | 3 Funds + BlackRock Target Date Series |
| Penalties |
|
| Other features | Plan available to self-employed individuals and contractors. |
| Website | https://meritsaves.org/ |
| Maryland$aves Secure Choice Program (Maryland) | |
|---|---|
| Status | Active program |
| Employers Impacted | Businesses with at least one W-2 employee, have been in business for two years and use an automated payroll system. |
| Plan type | Roth IRA |
| Auto-enroll | 5% |
| Auto-escalation | 1% annual increase each January, up to 10% |
| Investments | 3 Funds + BlackRock Target Date Series |
| Penalties | None |
| Other features | $300 annual registration fee waived for sponsoring a plan OR participating in the Maryland$aves program. The first $1,000 is invested in an Emergency Savings Fund. |
| Website | https://marylandsaves.com/ |
| Massachusetts Defined Contribution CORE Plan (Massachusetts) | |
|---|---|
| Status | Active program (currently voluntary) |
| Employers Impacted |
|
| Plan type | Voluntary MEP with safe harbor option |
| Auto-enroll | 6% after 60 days |
| Auto-escalation | Annual increases of 1% or 2% (based on employer’s election) up to a maximum contribution rate of 15%. |
| Investments | Empower/Great West |
| Penalties | N/A - voluntary |
| Website | https://www.empower.com/client/mass/employer/ |
| Minnesota Secure Choice Retirement Program (Minnesota) | |
|---|---|
| Status | Legislation passed; implementation TBD |
| Employers Impacted | Employers with five or more employees in business for the immediately preceding 12 months. |
| Plan type | Mandatory IRA |
| Auto-enroll | Yes - TBD |
| Auto-escalation | No |
| Investments | TBD |
| Penalties | TBD |
| Website | https://legiscan.com/MN/bill/HF782/2023 |
| RetireReady New Jersey Savings Program (New Jersey) | |
|---|---|
| Status | Active Program |
| Employers Impacted | Employers with 25 or more employees in business for two years or more. |
| Plan type | Mandatory Auto IRA |
| Auto-enroll | If 18 years or older, will be automatically enrolled at a rate of 3% |
| Auto-escalation | No |
| Investments | 7 Funds + Vanguard Target Date Series |
| Penalties |
|
| Website | https://nj.gov/treasury/securechoiceprogram/ |
| RetireReady New Jersey Savings Program (New Jersey) | |
|---|---|
| Status | Active Program |
| Employers Impacted | Employers with 25 or more employees in business for two years or more. |
| Plan type | Mandatory Auto IRA |
| Auto-enroll | If 18 years or older, will be automatically enrolled at a rate of 3% |
| Auto-escalation | No |
| Investments | 7 Funds + Vanguard Target Date Series |
| Penalties |
|
| Website | https://nj.gov/treasury/securechoiceprogram/ |
| New Mexico Work & $ave (New Mexico) | |
|---|---|
| Status | Legislation passed; waiting on implementation |
| Employers Impacted |
|
| Plan type | Work & Save Program – Roth IRA |
| Auto-enroll | 6% after 60 days after program enrollment |
| Auto-escalation | TBD |
| Investments | TBD |
| Penalties | TBD |
| Other features | Emergency savings TBD |
| Website | https://nmsto.gov/special-programs/work-and-save/ |
| Nevada Employee Savings Trust (Nevada) | |
|---|---|
| Status | Legislation passed; schedule TBD |
| Employers Impacted | Employers with more than five employees who have been in business for at least 36 months. |
| Plan type | Mandatory Auto IRA |
| Auto-enroll | Yes – actual percentage TBD |
| Auto-escalation | TBD |
| Investments | TBD |
| Penalties | TBD |
| Other features | A study is to be conducted on whether to include independent contractors. |
| Website | https://legiscan.com/NV/bill/SB305/2023 |
| New York Secure Choice Savings Program (New York State) | |
|---|---|
| Status | Legislation passed; implementation TBD |
| Employers Impacted | Employers with ten or more employees at all times during the previous calendar year, in business for at least two years, and that have not offered a retirement plan in the preceding two years. |
| Plan type | Roth IRA |
| Auto-enroll | 3% |
| Auto-escalation | No |
| Investments | TBD |
| Penalties | TBD |
| Website | https://www.securechoice.ny.gov/ |
| New York City Retirement Security for All Act (New York City) | |
|---|---|
| Status | Legislation passed; implementation TBD |
| Employers Impacted | Employers with five or more employees in the previous calendar year whose regular duties occur in the city. Also, employers who have been in business for at least two years. |
| Plan type | IRA |
| Auto-enroll | Yes - 5% |
| Auto-escalation | TBD |
| Investments | TBD |
| Penalties | TBD |
| Other features | Plan available to self-employed individuals at least 21 years of age. |
| Website | https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=3498476&GUID=6E78D2BB-A4BA-4FD8-8C03-ABA62C914AEB&Options=&Search= |
| OregonSaves Program (Oregon) | |
|---|---|
| Status | Active program |
| Employers Impacted | Employers with one or more employees. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | Automatically enrolled at 5% if 18 years or older after 60 days of employment |
| Auto-escalation | 1% annual increase on enrollment anniversary up to 10% |
| Investments | 2 Funds + State Street Target Date Series |
| Penalties | Eligible employers must offer a plan or face a fine up to $100 per eligible employee per year (up to max of $5,000 annually) |
| Website | https://www.oregonsaves.com/ |
| Rhode Island Secure Choice Retirement Savings Program (Rhode Island) | |
|---|---|
| Status | Legislation passed; implementation TBD |
| Employers Impacted | Employers with 5 or more employees and satisfies requirements to establish or participate in a payroll deposit retirement savings arrangement. |
| Plan type | Mandatory Auto IRA |
| Auto-enroll | TBD |
| Auto-escalation | TBD |
| Investments | TBD |
| Penalties | TBD |
| Website | https://legiscan.com/RI/bill/S2045/2024 |
| VT Saves (Vermont) | |
|---|---|
| Status | Implementation in progress; date TBD |
| Employers Impacted | All employers with five or more employees in business within the past two years. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | 5% |
| Auto-escalation | Yes - TBD |
| Investments | TBD |
| Penalties | TBD |
| Other features | TBD |
| Additional resources | VT Saves is replacing Vermont's former voluntary plan, Green Mountain Secure Retirement Plan. |
| Website | https://legiscan.com/VT/bill/S0135/2023 |
| RetirePath Virginia (Virginia) | |
|---|---|
| Status | Active program |
| Employers Impacted | Employers with 25 or more employees in business two years or more. |
| Plan type | Mandatory Roth IRA |
| Auto-enroll | 5% |
| Auto-escalation | 1% annual increase every January up to 10% |
| Investments | 4 Funds + LifePath Index Target Date Series |
| Penalties | Up to $200 per eligible employee |
| Website | https://www.retirepathva.com/ |
| Washington Saves Retirement Program (Washington) | |
|---|---|
| Status | Legislation passed; implementation TBD |
| Employers Impacted | Businesses that have been located in Washington state for at least 2 years and do not currently offer a retirement plan |
| Plan type | Mandatory Auto IRA |
| Auto-enroll | Yes - 3% |
| Auto-escalation | 1% per year to 7% |
| Investments | TBD |
| Penalties | TBD |
| Website | https://www.guideline.com/education/articles/washington-saves-retirement-program |