Specialists in ERISA and Employee Benefits Law​

What Are State Mandated Iras And Why Do States Require Them?

Episode Title: What are state mandated IRAs and why do states require them?

State mandated IRAs are programs established by states to require certain private employers without retirement plans to enroll employees in an automated IRA administered by the state. Employees are automatically enrolled unless they opt out. States require these IRAs to encourage retirement savings through workplace payroll deductions, offering an easy retirement savings option for employees.

Do all states require state mandated IRAs and how do they affect employers?

Not all states require state mandated IRAs, but 20 states have adopted legislation with varying requirements. Employers failing to comply face penalties, motivating them to consider sponsoring their own retirement plans. The penalties can be significant, generally ranging from $250 per eligible employee per day, creating a strong incentive for compliance.

Are employers with existing retirement plans affected by state mandated IRAs?

Employers with existing retirement plans are not affected by state mandated IRAs. States do not require employers with established plans to enroll employees in the state program. Having a pre-existing retirement plan exempts employers from participating in state mandated IRAs.

For employers without retirement plans, which is better: state mandated IRAs or starting their own retirement plan?

Employers without retirement plans should compare the features of state mandated IRAs with those of employer-sponsored plans available to them. While state mandated IRAs are simpler and cheaper to run, employer-sponsored plans offer tax credits and deductions not available in IRAs. Employers should assess which option aligns best with their goals and employee needs.

What should employers in states without state mandated IRAs consider if such programs are being introduced?

Employers in states introducing state mandated IRAs should evaluate the specifics of the program and compare them with potential benefits of sponsoring their own retirement plans. Third-party administrators and plan providers often market alternative retirement plans to help employers comply with new mandates while maximizing benefits for themselves and their employees.

How do reporting and enrollment responsibilities differ between state IRA programs and employer-sponsored plans?

Initially, the enrollment process for state mandated IRAs and employer-sponsored plans is similar, involving establishing accounts for employees. However, employer-sponsored plans require more ongoing activity and responsibility from the employer compared to state mandated IRAs, making them slightly more complex to manage.

What common misunderstandings do employers typically have regarding state mandated IRAs?

Employers often mistakenly assume that employees will not favor state mandated IRAs and will opt out of saving. However, studies show that employees are more likely to remain in savings programs when defaulted into them, rather than opting in. Another common issue is employers inadvertently setting up duplicate retirement plans due to a lack of awareness or communication from payroll companies regarding existing plans.