On January 5, 2021, CRI Executive Director Angela Antonelli and David Morse of K&L Gates made a presentation on ERISA’s impact on the state programs. They noted that state auto-IRA programs are not subject to ERISA and allow for states to require employers to offer their workers access to a way to save. 401(k)s are ERISA plans, and while they allow employers to make contributions, states cannot require employers to participate in a state program (such a state law would be preempted by ERISA, which does not allow for state law to address employee benefit plans).
