Which states have mandatory retirement plans?

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Key takeaways

  • Some states require employers to offer a retirement savings plan or enroll employees in a state-sponsored program.

  • These programs are often called state-mandated retirement plans or auto-IRA programs.

  • Employers can avoid enrolling in the state program if they already offer a qualified retirement plan (like a 401k).

  • Requirements vary by state and employer size.

What are state-mandated retirement plans?

State-mandated retirement plans are programs created by individual states to increase retirement savings access for workers whose employers do not offer a retirement plan.

Most state programs operate as auto-IRAs, meaning:

  • Employees are automatically enrolled.

  • Contributions are made via payroll deduction.

  • Accounts are typically Roth IRAs.

  • Employees can opt out.

Unlike traditional employer-sponsored 401(k) plans, state auto-IRA programs do not require employer contributions.

If you're unfamiliar with how different retirement accounts compare, reviewing the differences between a SEP IRA vs Roth IRA can help clarify how state programs typically function (most use Roth IRA structures).

Which states currently have mandatory retirement plans?

As of 2026, the following states have enacted mandatory retirement savings programs for certain employers:

States with active or implemented programs:

  • California (CalSavers)

  • Colorado (Colorado SecureSavings)

  • Connecticut (MyCTSavings)

  • Illinois (Secure Choice)

  • Maryland (MarylandSaves)

  • Massachusetts (CORE Plan – for certain employers)

  • New Jersey (RetireReady NJ)

  • New York (Secure Choice – rolling implementation)

  • Oregon (OregonSaves)

  • Virginia (RetirePath VA)

States with programs enacted or in development:

  • Delaware

  • Hawaii

  • Maine

  • Minnesota

  • Nevada

  • Vermont

  • Washington

Implementation timelines and employer size thresholds vary.

Because these requirements evolve, employers should check their state’s official program site for the most up-to-date compliance rules.

Which employers must comply?

While rules vary by state, employers are generally required to participate if they:

  • Meet a minimum employee threshold (often 5 or more employees)

  • Have been in business for a specified period

  • Do not already offer a qualified retirement plan

Employers can avoid enrolling in the state program by offering their own plan, such as a 401(k), SEP IRA, or SIMPLE IRA.

Understanding how employer plans compare with individual retirement options — including how tax treatments differ — can help businesses evaluate alternatives before defaulting to a state program.

How do state auto-IRA programs work?

Most state-mandated retirement programs follow a similar structure:

  1. Employers register with the state program.

  2. Employees are automatically enrolled.

  3. A default contribution rate (often around 3–5%) is applied.

  4. Contributions go into a Roth IRA under the employee’s name.

  5. Employees may opt out or adjust contribution levels.

Unlike 401(k) plans, these programs generally:

  • Do not allow employer matching

  • Have lower contribution limits (IRA limits apply)

  • Offer limited investment menus

Why are states requiring retirement plans?

Many Americans do not have access to workplace retirement benefits. State-mandated programs aim to:

  • Increase retirement participation

  • Reduce reliance on Social Security

  • Encourage long-term savings habits

  • Improve financial security for future retirees

Automatic enrollment has been shown to increase participation rates significantly compared to voluntary opt-in systems.

Are state retirement plans the same as 401(k)s?

State retirement plans are typically not the same as 401(k)s.

Key differences include:

Feature

State Auto-IRA

401(k)

Employer contributions

No

Optional (often yes)

Contribution limits

IRA limits

Higher 401(k) limits

Investment options

Limited

Broader selection

Administrative burden

Low

Higher

Fiduciary responsibility

State-managed

Employer-managed

For employees, participating in a state auto-IRA may be better than not saving at all. However, individuals who want more flexibility may consider opening their own retirement accounts in addition to workplace savings.

What happens if an employer doesn’t comply?

States may impose:

  • Monetary penalties

  • Fines per employee

  • Escalating compliance notices

Penalties vary significantly by state.

Employers should evaluate whether offering a private retirement plan may better suit their workforce before defaulting into the state system.

How state retirement plans fit into your broader savings strategy

Whether you're an employer or employee, retirement savings accounts are often only one piece of financial planning.

Many savers balance long-term investments with more accessible savings vehicles, such as:

Diversifying across account types — retirement, taxable savings, and fixed-income — can help create financial flexibility.

Bottom line

While state-mandated plans focus on retirement investing, maintaining accessible savings can improve overall financial resilience.

Raisin’s marketplace allows you to:

  • Compare high-yield savings accounts

  • Explore competitive CD rates

  • Access multiple banks with one login

  • Maximize the potential of short-term cash

Balancing long-term retirement growth with competitive savings yields may help support a stronger financial foundation.

View all savings offers

Frequently asked questions

Employees are typically automatically enrolled but may opt out.

Employers that offer a qualified retirement plan (such as a 401(k) or SEP IRA) generally do not need to enroll in the state program.

Most state programs use Roth IRAs, meaning contributions are made after tax and qualified withdrawals are tax-free.

No. Like other IRA investments, returns depend on market performance and carry risk.

The above article is intended to provide generalized financial information designed to educate a broad segment of the public; it does not give personalized tax, investment, legal, or other business and professional advice. Before taking any action, you should always seek the assistance of a professional who knows your particular situation for advice on taxes, your investments, the law, or any other business and professional matters that affect you and/or your business.

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