State Law Payroll Deduction IRA Programs

Summary

This practice note discusses retirement savings programs, such as auto-IRA plans, established by state and local governments, typically designed as mandates for employers doing business in the jurisdiction that do not offer a retirement savings plan to employees. Legal uncertainty exists whether these programs are considered pension plans governed by the Employee Retirement Income Security Act (ERISA), subjecting employers to certain disclosure and fiduciary obligations, as well as whether they may be preempted by ERISA altogether. However, a recent case in California where the CalSavers plan was challenged, resulted in a decision in favor of California by the Ninth CIrcuit. Howard Jarvis Taxpayers Ass'n v. Cal. Secure Choice Ret. Sav. Program, 2021 U.S. App. LEXIS 13499 (9th Cir. 2021), cert. denied 2022 U.S. LEXIS 1243 (2022). See CalSavers Defeats ERISA Preemption Challenge In 9th Circ.