California wins auto-IRA lawsuit

California wins auto-IRA lawsuit
The case, the first to address the issue of ERISA pre-emption, is a positive sign for other states.
APR 02, 2019
California's auto-IRA program, CalSavers, survived a legal challenge that sought to nullify the state's new retirement vehicle, and some experts see the decision as a positive indicator for states that have similar programs and those considering implementing one. The primary question posed by the lawsuit, Howard Jarvis Taxpayers Association v. The California Secure Choice Retirement Savings Program, was whether CalSavers created an "employee benefit plan." If so, it would be trumped by federal retirement law and therefore voided. California District Judge Morrison C. England Jr. sided with California and dismissed the lawsuit last Friday. "This is quite significant," said Mark Iwry, a nonresident senior fellow at the Brookings Institution and former deputy assistant secretary for retirement and health policy at the U.S. Treasury Department during the Obama administration. "It bodes well for state auto-IRAs generally," Mr. Iwry added. "It's very clear in holding that [the Employee Retirement Income Security Act] does not preempt these state auto-IRA programs." Attorneys for both the plaintiffs and defendants declined a request for comment. In 2012, California passed a law creating CalSavers, an automatic-enrollment, payroll-deduction individual retirement account program meant to help address a perceived shortfall in retirement savings among private-sector workers. Auto-IRA programs like CalSavers require employers of a certain size to offer a workplace retirement plan for employees, whether that's a private-sector option like a 401(k) or the government-sponsored auto-IRA. If employers choose the latter, their responsibilities are generally limited to facilitating automatic deductions in their payroll systems. Such programs have been legislated in six states — most recently New Jersey, last Thursday — and one city, Seattle. Programs in Oregon and Illinois are currently enrolling employees, and California's program is in a pilot phase. Plaintiffs in the lawsuit, filed in May 2018, claimed California's program was "expressly preempted" by the Employee Retirement Income Security Act of 1974, arguing that ERISA establishes nationally uniform standards to protect private employees and doesn't allow state-run programs. Mr. England disagreed, saying that this finding would be "out-of-step with the underlying purposes of the Act." "CalSavers does not govern a central matter of an ERISA plan's administration, nor does it interfere with nationally uniform plan administration," he said. The lawsuit is the first to address the issue of ERISA preemption. The judge gave the plaintiffs 20 days to file one final amended complaint. In August 2016, the Obama administration issued a regulation to promote creation of state auto-IRA programs. The rule provided a safe harbor for states, clarifying that the programs wouldn't be subject to ERISA and preempted by it as long as they met certain conditions. The Trump administration overturned the regulation in May 2017. Other states have taken different routes to addressing retirement shortfalls. New York Gov. Andrew Cuomo signed a law last year creating a state IRA program that is voluntary for employers. (New York City is considering an auto-IRA option.) Vermont and Massachusetts are instituting state multiple employer plans, which could make it easier for companies to offer retirement plans.

Latest News

JPMorgan tells fintech firms to start paying for customer data
JPMorgan tells fintech firms to start paying for customer data

The move to charge data aggregators fees totaling hundreds of millions of dollars threatens to upend business models across the industry.

FINRA snapshot shows concentration in largest firms, coastal states
FINRA snapshot shows concentration in largest firms, coastal states

The latest snapshot report reveals large firms overwhelmingly account for branches and registrants as trend of net exits from FINRA continues.

Why advisors to divorcing couples shouldn't bet on who'll stay
Why advisors to divorcing couples shouldn't bet on who'll stay

Siding with the primary contact in a marriage might make sense at first, but having both parties' interests at heart could open a better way forward.

SEC spanks closed Osaic RIA for conflicts, over-charging clients on alternatives
SEC spanks closed Osaic RIA for conflicts, over-charging clients on alternatives

With more than $13 billion in assets, American Portfolios Advisors closed last October.

William Blair taps former Raymond James executive to lead investment management business
William Blair taps former Raymond James executive to lead investment management business

Robert D. Kendall brings decades of experience, including roles at DWS Americas and a former investment unit within Morgan Stanley, as he steps into a global leadership position.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.