Employer Reminder: California Employers Without Employee Retirement Plans Must Offer State Retirement Program

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Ervin Cohen & Jessup LLP

Beginning as early as June 30, 2020, California employers with 5 or more California-based employees not already offering an employer-sponsored retirement plan will have to begin offering a retirement savings program, either through the private market or by facilitating access to CalSavers, the state-run program.

The CalSavers program, established under SB 1234 in 2012, is intended to assist the estimated 7.5 million California employees without employer retirement savings plans. A pilot program was undertaken in late 2018, and beginning July 1, 2019, eligible employers of all sizes can register through the CalSavers website. Mandatory compliance is phased-in over time and will depend on the size of the employer.

Specifically, employers with more than 100 employees not already offering a retirement plan will have until June 30, 2020 to register. Employers with more than 50 employees will be required to register by June 30, 2021, and those with 5 or more employees have until June 30, 2022 to register. However, the state encourages eligible employers of any size to register at any time, regardless of their registration deadline, at https://www.calsavers.com/.  Self-employed and “gig” workers can enroll beginning September 1, 2019.

The program website states that employer registration is “quick and easy” and “employers play a limited role as facilitator.” California employers are not required to make contributions to the retirement account, which is funded by a default rate of 5% per paycheck. Employees can choose a different savings rate or opt out at any time. Accounts remain with employees even if they change jobs.

The author would like to gratefully acknowledge the assistance of Joanne Warriner.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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