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DOL/EBSA RIN: 1210-AB71 Publication ID: Fall 2016 
Title: Savings Arrangements Established by States for Non-Governmental Employees 
Abstract:

About one-third of American workers lack access to a retirement plan at work. For older Americans, inadequate retirement savings can mean sacrificing or skimping on food, housing, health care, transportation, and other necessities. President Obama has long supported federal legislation to require automatic enrollment of new workers in payroll deduction IRAs if they lack access to a 401(k)-type plan through their employer. In the absence of Congressional action, some states have passed laws to set up state-based savings plans and require employers not currently offering workplace plans to automatically enroll employees into IRAs. Others are looking at ways to encourage employers to provide coverage under state-administered 401(k)-type plans or other retirement alternatives including IRAs and the Treasury's new starter savings program, myRA.  However, many of these states remain concerned about preemption by ERISA. On July 13, 2015, the President directed the Department to publish a proposed rule clarifying how states may offer retirement savings arrangements to private-sector employees in ways that are consistent with federal laws governing employee benefit plans. The proposal will set forth circumstances in which a state could establish a payroll deduction savings program, with an automatic enrollment feature, without giving rise to an employee pension benefit plan under ERISA.

 
Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 2510.3-2   
Legal Authority: 29 U.S.C.1135 (ERISA sec 505)    29 U.S.C. 1002 (ERISA sec 3(2))   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/18/2015  80 FR 72006   
NPRM Comment Period End  01/19/2016 
Final Rule  08/30/2016  81 FR 59464   
Final Rule Effective  10/31/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jeffrey J. Turner
Director, Office of Regulations and Interpretations
Department of Labor
Employee Benefits Security Administration
Room N5669, 200 Constitution Avenue NW, FP Building, Room N-5655,
Washington, DC 20210
Phone:202 693-8500