Know Your State’s Mandate
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 |
- $250 per eligible employee if noncompliance extends 90 days
- $500 per eligible employee if found to be in noncompliance for 180 days
|
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 |
TBD |
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 |
- $250 per employee for the first calendar year
- $500 per employee for each subsequent calendar year the employer is non-compliant
Noncompliance does not need to be consecutive to qualify for the $500 penalty |
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 |
- July 1, 2025 – June 30, 2026: the maximum penalty for non-compliance is $20 per employee.
- July 1, 2026 – June 30, 2027: the maximum penalty per employee will be $50.
- On or after July 1, 2027: the maximum penalty per employee increases to $100.
|
Other features |
Plan available to self-employed individuals and contractors. |
Website |
https://meritsaves.org/ |
Maryland$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 |
- Voluntary for non-profit organizations with 20 or fewer employees.
- Outstanding legislation to expand to all employers.
|
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 |
- 1st calendar year with a violation: Written warning
- 2nd calendar year with a violation: $100 fine
- 3rd-4th calendar year: $250 for each violation
- 5th and subsequent years with a violation: $500 for each violation
|
Website |
https://nj.gov/treasury/securechoiceprogram/ |
New Mexico Work & $ave (New Mexico) |
Status |
Legislation passed; waiting on implementation |
Employers Impacted |
- Employers with five or more employees in business for at least two years.
- Opt-In allowed for sole proprietors and smaller businesses.
|
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/ |
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 |