Millions of private-sector workers across the United States do not have access to a retirement savings account and, to address this crisis, several states have implemented state-administered retirement plans. What does this mean for you? It means that, as a trusted financial advisor, your clients are going to need your help selecting and enrolling in a retirement plan that will suit the needs of their business.

You’ll need to provide them with the information they’ll need to make an informed decision.  For example, would they (and their employees) be better served by the state-administered plan or by a 401(k) provided by a bookkeeper, like ePlan Services?  We’ll explain exactly what your clients need to know to help them stay in compliance with state requirements while making a smart choice.

Key Takeaways:

• With more states requiring small businesses to enroll their employees in retirement plans, you’re in a position to offer them an advantageous choice.
• As of January 2024, 18 states have been mandated to offer savings programs
• Employers can choose the state-administered plan or a qualifying alternative like an ePlan Services 401(k) plan.

How can state-administered legislation benefit financial advisors like you?

These new pieces of legislation have ignited demand for retirement plans, but as with many pieces of lawmaking, their implications are not immediately obvious—especially for your business-owner clients, who are likely focused on their company’s success. In contrast, you’re well positioned to help them select the plan that best meets their needs.

By offering alternative retirement plans—such as an ePlan Services 401(k) retirement plan— you are presenting your clients with the opportunity to choose a plan that will provide them with greater benefits in the form of tax breaks, due to the SECURE Act 2.0.

Recommending ePlan Services will allow you to work collaboratively with us and your client to quickly create a tailored plan that suits your client’s needs. As their trusted financial advisor, you can help your clients decide on their employer match percentages, vesting schedules, and other financial planning services. But you won’t need to know all the answers or manage your client’s plan alone—recordkeepers like ePlan Services can take care of your client’s day-to-day 401(k) retirement plan management and associated forms such as the Form 5500.

What states have implemented this legislation?

If your client conducts business in a US state that has adopted state-administered retirement legislation, they may be required by law to offer their employees a retirement plan or enroll in a state-administered plan. The following states have implemented or have pending state-administered retirement plan legislation (as of January 2024):

• California
• Colorado
• Connecticut
• Delaware
• Hawaii
• Illinois
• Maine
• Maryland
• Massachusetts
• Minnesota
• Nevada
• New Jersey
• New Mexico
• New York
• Oregon
• Vermont
• Virginia
• Washington

What are an employer’s options?

Put yourselves in the shoes of a small business owner affected by this legislation: with so many options on the market, it may feel impossible to know which plan is the most advantageous choice for them and their employees. Luckily, they have you to help them make an informed decision.

If the employer chooses to enroll their business in a state-administered plan, each employee may be auto-enrolled in the retirement plan. Though this option may seem straightforward, a state-administered plan may not be the most beneficial plan for your clients.

Instead, small business owners should consider an ePlan Services 401(k) plan. Not only does a 401(k) plan offer higher contribution limits than an IRA, but it can also provide tax breaks for employers—your clients.

Here’s a quick look at how the two plans compare:

• Contribution limits: A 401(k) plan permits employees to contribute $23,000 (2024). An IRA only allows for employee contributions of up to $7,000 (2024).
• Tax Breaks: Unlike an IRA, a 401(k) can give employers tax breaks thanks to the SECURE 2.0 Act. Eligible employers could receive up to $5,500 in employer tax credits. Additionally, they could earn an extra $1,000 contribution credit for each employee.
• Employer Matching: IRAs do not permit employer matching. However, 401(k) plans do. Employers can choose the amount they will match with a cap of 6% for safe harbor plans. 401(k) plans that do not meet the safe harbor plan requirements have no limits on their matching formula. While your clients may hesitate to offer an employer match, studies show that offering this benefit within the plan helps to attain and retain employees.

What if an employer doesn’t comply?

Time is of the essence. Failure to offer their employees a qualifying retirement plan could result in steep fines for employers (the fine amount will vary depending on their state). Your client can also face additional penalties for each additional year they remain out of compliance. The time to act is now.

Conclusion:

An increasing number of states around the United States are requiring that businesses owners, like your clients, provide retirement plans to their employees to help them prepare for their futures. While this requirement may not impact your state yet, it could in the coming years. Don’t let your clients get fined due to their lack of a state-administered or other qualifying retirement plan. Encourage them to enroll in a plan that benefits not only their employees but also their own business, a retirement plan like an ePlan Services 401(k) plan.

With tax breaks that can bring money back to their business, an easy-to-manage employee dashboard, participant education, and dedicated customer support, ePlan Services 401(k) plans are designed to help your clients focus on what really matters—running a thriving business.