State Automatic Enrollment IRAs After the Trump Election: Are They Preempted by ERISA?
By Kathryn L. Moore (University of Kentucky College of Law) In recent years, a number of states have sought to close the retirement savings funding gap by enacting legislation mandating that employers that do not sponsor a voluntary pension plan for their employees automatically enroll their employees in a state-administered IRA program. This article focuses on the most serious legal challenge these programs face: ERISA preemption. The article begins by providing an overview of the state automatic enrollment IRA programs....