Click below to review information on states and cities with mandatory and voluntary retirement programs, as well as which states have begun the legislative process and which have no plan.
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Mandatory
Status: Implemented; phased deadlines for registration
Coverage: Employers with at least one employee that don’t offer a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines:
• 5+ employees: Initial deadline has passed
• 1-4 employees: 12/31/25Penalties: Up to $750 per eligible employee
Status: Implemented; phased deadlines for registration
Coverage: Employers with 5 or more employees that have been in business at least 2 years and do not already offer a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines:
• 5+ employees: Initial deadline has passed
Penalties: Up to $100 per employee, capped at $5,000 per year
Status: Implemented; phased deadlines for registration
Coverage: Employers with 5 or more employees that don’t offer a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines:
• 5+ employees: Initial deadline has passed, but unregistered employers can still take action by August 31, 2023.
Penalties: Employees or state labor commissioner may bring a civil action to enforce enrollment
Status: Legislation passed
Coverage: Employers with 5 or more employees that were in business at least 6 months in the previous calendar year and don’t offer a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines: Implementation deadline is to be determined; expected by 1/1/25
Penalties: Up to $250 per employee, capped at $5,000 per year
Participation: Mandatory; employers must notify employees of their right to opt into the program
Status: Legislation passed
Coverage: Employers with 1 or more employees who have not offered a retirement plan in the past 2 years
Plan type: Auto-IRA*
Employer contributions: Not permitted
Deadlines: Implementation deadline is to be determined
Penalties: Up to $500 per violation to a maximum of $5,000 per calendar year
* The Hawaii program is a variation on the auto-IRA model. Eligible employers must notify their employees about the program and, if employees choose to opt into the program, employers must then facilitate contributions to the program.
Status: Implemented; phased deadlines for registration
Coverage: Employers with 5 or more employees that have been in business at least 2 years and do not already offer a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines:
• 16+ employees: Initial deadline has passed
• 5-15 employees: 11/1/23Penalties: Up to $500 per eligible employee
Status: Legislation passed; phased deadlines for registration
Coverage: Employers with 5 or more employees that haven’t offered a retirement plan in the 2 previous calendar years
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines: Implementation phases are to be determined; final deadline for all covered employers will be 12/31/2024
Penalties: Up to $100 per eligible employee per year
Status: Legislation passed; registration is open
Coverage: Employers that use an automated payroll system or service must offer Maryland$aves or another plan. New businesses will have a 2-year deferral
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines: Registration is open for all employers
Penalties: Only employers who register will qualify for a waiver of the $300 annual filing fee for Maryland businesses
Status: Legislation passed
Coverage: Employers with at least 5 employees that have been in business for at least 12 months and don’t offer a retirement plan
Plan type: Auto-IRA
Deadlines: Implementation deadline is to be determined; program expected to begin by 1/1/2025
Penalties: To be determined
Status: Legislation passed
Coverage: Employers with at least 5 employees that have been in business for at least 3 years
Plan type: Auto-IRA
Deadlines: Implementation deadline is to be determined; program expected to begin by 7/1/2025
Penalties: To be determined
Status: Legislation passed
Coverage: Employers with at least 25 employees that have been in business at least 2 years and don’t offer a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines: Implementation deadline is to be determined
Penalties: Up to $500 per eligible employee and up to $5,000 for unremitted contributions
Status: Legislation passed; however, it is assumed the program will no longer be implemented as New York State subsequently established a program covering a substantial portion of employers covered under the city’s law
Coverage: Employers with at least 5 employees that have been in business at least 2 years and have not offered a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines: Implementation deadline to be determined, subject to New York State program implementation
Penalties: To be determined
Status: Legislation passed
Coverage: Employers with 10 or more employees who have not offered a plan in the past 2 years
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines: Implementation deadline to be determined
Penalties: To be determined
Status: Legislation passed; phased deadlines for registration
Coverage: Employers that do not currently offer a plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines:
• 1+ employee: Initial deadline has passed
Penalties: Up to $100 per eligible employee; not to exceed $5,000 in a calendar year
Status: Legislation passed in 2017; Seattle Retirement Saving Plan Board of Administration determined in 2018 that the program will not be implemented pending action by Washington State to implement an auto-IRA program
Coverage: Employers that have been in business at least 2 years and do not currently offer a retirement plan or participate in a Multiple Employer Plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines: Implementation is on hold
Penalties: To be determined
Status: Legislation passed; phased deadlines for registration
Coverage: Employers that have not offered a retirement plan in the previous 2 years
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines:
• 25+ employees: 7/1/2025
• 15-24 employees: 1/1/2026
• 5-14 employees: 7/1/2026
• 1-4 employees: Not specified
Penalties: Up to $750 per eligible employee
Status: Legislation passed; registration is open
Coverage: Employers with 25 or more eligible employees that have been in business for at least 2 years and don’t offer a retirement plan
Plan type: Auto-IRA
Employer contributions: Not permitted
Deadlines:
• 25+ employees: 2/15/2024
Penalties: To be determined, not to exceed $200 per employee annually
Details for each state are compiled from Georgetown University’s Center for Retirement Initiatives and from state websites as of June 23, 2023.
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Voluntary
Status: Legislation passed; registration is open
Coverage: Non-profit employers with 20 or fewer employees
Plan type: Multiple Employer Plan — 401(k)
Employer contributions: Permitted but not required
Deadlines: Not applicable
Status: Legislation passed; the program’s board will implement the program on or before 9/1/25
Coverage: Employers with 50 or fewer employees
Plan type: Multiple Employer Plan — 401(k)
Employer contributions: Permitted but not required
Deadlines: Not applicable
Status: Legislation passed; the program’s board will implement the program on or before 7/1/24
Coverage: Any employer with its primary place of business in New Mexico
Plan type: Two options: enroll employees in the state-sponsored voluntary IRA, or select a plan from a marketplace with SIMPLE IRA, payroll deduction IRA, Multiple Employer Plan and other qualified plan options
Employer contributions: Not permitted in voluntary IRA. Permitted in some marketplace plans.
Deadlines: Not applicable
Status: Legislation passed; marketplace is open
Coverage: Employers with fewer than 100 employees
Plan type: Marketplace where employers can select a state-approved plan, including SIMPLE IRAs, Roth and Traditional IRAs and ERISA plans (e.g., 401(k) plans)
Employer contributions: Permitted in certain plans
Deadlines: Not applicable
Details for each state are compiled from Georgetown University’s Center for Retirement Initiatives and from state websites as of June 23, 2023.
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In progress
Alaska
Arkansas
Arizona
Georgia
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Montana
Nebraska
New Hampshire
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
West Virginia
Wisconsin
WyomingDetails for each state are compiled from Georgetown University’s Center for Retirement Initiatives and from state websites as of June 23, 2023.
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No efforts
Alabama
District of Columbia
Florida
South DakotaDetails for each state are compiled from Georgetown University’s Center for Retirement Initiatives and from state websites as of June 23, 2023.
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