States Are Requiring Retirement Plans

Will new mandates solve an old financial problem?

Too many Americans save too little for retirement. This problem has been discussed for decades in all kinds of media, and there seems to be no easy way to solve it. 

 

Fourteen states are giving it a try, however: they have passed or introduced laws requiring or urging companies to provide retirement savings opportunities to employees. In most of these 14 states, employers must either sponsor a retirement plan, or automatically enroll their workers in a state program.1 

 

Payroll giant ADP notes that a majority of states have considered mandatory retirement saving programs. A similar mandate is being discussed on Capitol Hill: H.R. 2954, informally called SECURE ACT 2.0, would require employers to auto-enroll employees in workplace retirement plans. This bill stalled in Congress in 2021, but the House and Senate are likely to revisit it this year.2,3

 

California and New York are among the states now stipulating worker enrollment. By June 30, 2022, any private employer in California with more than five full-time employees (FTEs) must offer those FTEs a retirement savings program, enroll them in the new CalSavers retirement plan, or face fines after 90 days of non-compliance. New York now requires most businesses and non-profits with ten or more employees to either provide retirement savings choices for them or auto-enroll them in the New York State Secure Choice Savings Program.1,4

 

In Vermont and Washington, the employer mandate is voluntary. In all 14 states, employees have the right to opt out of the state-run retirement programs.1

 

Will efforts like this solve the problem of inadequate retirement saving? Not entirely. Only about 50% of Americans participate in employer-sponsored retirement programs. Tens of millions of Americans lack access to any kind of retirement plan.5

 

Even if SECURE Act 2.0 becomes law, its automatic enrollment stipulation would not be retroactive. Automatic enrollment would only be a requirement for new workplace retirement plans, not those created in the past. It could also allow employer-sponsored retirement plans to set a deferral rate as low as 3%, and many financial professionals would like to see savers direct greater percentages of their earnings toward retirement.5 

   

The list of states with retirement program mandates either live or oncoming includes California, Colorado, Connecticut, Illinois, Maine, Maryland, Massachusetts, New Jersey, New Mexico, New York, Oregon, Vermont, Virginia, and Washington. Twenty-one other states have introduced bills into their legislatures that could create similar requirements.1

 

This material was prepared by MarketingPro, Inc., and does not necessarily represent the views of the presenting party, nor their affiliates. This information has been derived from sources believed to be accurate. Please note - investing involves risk, and past performance is no guarantee of future results. The publisher is not engaged in rendering legal, accounting or other professional services. If assistance is needed, the reader is advised to engage the services of a competent professional. This information should not be construed as investment, tax or legal advice and may not be relied on for the purpose of avoiding any Federal tax penalty. This is neither a solicitation nor recommendation to purchase or sell any investment or insurance product or service, and should not be relied upon as such. All indices are unmanaged and are not illustrative of any particular investment.

 

Citations

1. Nasdaq.com, January 12, 2022

2. ADP, January 30, 2022

3. Barron’s, January 3, 2022

4. National Law Review, October 29, 2021

5. MarketWatch, March 31, 2021

April 28, 2025
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Ways to Maximize your 401(K) A 401(k) account is one of the most valuable tools for saving and planning for retirement. Many plans offer features that can help you set aside more of the money you earn for retirement and grow wealth for your financial future. Contribute as much as you can. These days, it’s customary for many 401(k) plans to set default contribution rates for participants. While these defaults can help savers who are new to retirement planning, eventually you should save more if you are able to - up to 10-15% of your salary, according to many financial planners. There are hard-dollar limits to how much you can contribute to a 401(k) in a calendar year, but these limits are higher for workers who are over age 50. Get the full amount of company match. If your employer matches a portion of your 401(k) contributions, you should contribute enough to get all of this money. Plan rules may not let you take all this money if you leave your job before you’re vested, so it’s important to know the vesting schedule for matching contributions. Make after-tax contributions, if available. Many 401(k) plans permit after-tax contributions, so you can save more toward retirement above the annual contribution limits. After-tax contributions grow tax deferred while inside the 401(k), but the full amount of the withdrawals (principal and earnings) will be taxed as ordinary income. A better option for after-tax contributions is a Roth 401(k), if offered by your employer. All money you withdraw from a Roth 401(k) is tax-free, as long as the withdrawals meet certain conditions. Consider increasing your contribution rate every year. Many people find saving in a 401(k) easy because contributions come out automatically from their paychecks, before they’re able to spend these earnings. The more you can make saving automatic, the better off you’ll be. For example, consider automating your contribution increases, raising the portion of your pre-tax that’s contributed to your 401(k) by 1 percentage point every year. Avoid loans and early withdrawals. Taking money out of your 401(k) before retirement means you erase all the good progress you’re making toward your financial future. While it may be tempting to tap these funds in times of emergency, first consider other options such as cutting spending, consolidating debt and using short-term savings accounts. Once you start digging a hole in your 401(k) through borrowing and early withdrawals, it can be difficult to get yourself back to where you were. Distributions from 401(k) plans and most other employer-sponsored retirement plans are taxed as ordinary income and, if taken before age 59 1/2, may be subject to a 10% federal income tax penalty. Generally, once you reach age 73, you must begin taking required minimum distributions. This material is for general information only and is not intended to provide specific advice or recommendations for any individual. There is no assurance that the views or strategies discussed are suitable for all investors or will yield positive outcomes. Investing involves risks including possible loss of principal. Securities offered through LPL Financial, Member FINRA/SIPC. Investment advisory services offered through Global Retirement Partners, LLC dba AssuredPartners Financial Advisors, an SEC registered investment advisor. AssuredPartners Financial Advisors and LPL Financial are separate non-affiliated entities.
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