2016 -- H 7219

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PRIVATE EMPLOYER IRA

PROGRAM

     Introduced By: Representatives Edwards, Marshall, Shekarchi, Ajello, and Solomon

     Date Introduced: January 15, 2016

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 16.2

PRIVATE EMPLOYER IRA PROGRAM

     42-16.2-1. Purpose of chapter. -- It is the express intention of the general assembly by

the passage of this chapter to provide a retirement savings program in the form of an automatic

enrollment payroll deduction IRA program, which is hereby established and shall be administered

by the state department of labor and training (DLT) for the purpose of promoting greater

retirement savings for certain private sector employees in a convenient, voluntary, low-cost, and

portable manner.

     42-16.2-2. Definitions. -- As used in this chapter:

     (1) "Department" means the state department of labor and training.

     (2)(i) "Employee" means an individual who is employed by an employer:

     (ii) "Employee" does not include:

     (A) Any employee covered under the federal Railway Labor Act, or any employee

engaged in interstate commerce so as not to be subject to the legislative powers of this state,

except insofar as application of this chapter is authorized under the laws of the United States;

     (B) Any employee covered by a valid collective bargaining agreement that expressly

provides for a multiemployer Taft-Hartley pension plan; and

     (C) Any employee who is under eighteen (18) years of age before the beginning of the

calendar year;

     (3)(i) "Employer" means an individual or entity engaged in a business, industry,

profession, trade, or other enterprise in this state, whether for-profit or not-for-profit, that has:

     (A) Five (5) or more employees;

     (B) Been in business at least two (2) years;

     (C) Not offered a qualified retirement plan, including, but not limited to, a plan qualified

under §§401(a), 402(k), 403(a), 403(b), 408(k), 408(p), or 457(b) of the Internal Revenue Code,

in the preceding two (2) years; and

     (D) Satisfies the requirements to establish or participate in a payroll deposit retirement

savings agreement;

     (ii) Employer does not include:

     (A) The federal government;

     (B) The state; or

     (C) Any of the state's units or instrumentalities, including any municipal government of

the state or its agencies.

     (4) "Enrollee" means any employee who is enrolled in the program;

     (5) "IRA" means a traditional or Roth individual retirement account under §408 A of the

Internal Revenue Code;

     (6) "Participating employer" means an employer that provides a payroll deposit

retirement savings arrangement for enrolled employees;

     (7) "Payroll deposit retirement savings arrangement" means an arrangement by which an

employer allows employees to remit payroll deduction contributions to a retirement savings

program;

     (8) "Program" means the private employer IRA program;

     (9)(i) "Vendor" means a registered investment company, life insurance company, or

qualified third-party administrator, authorized to do business in Rhode Island that provides or

administers retirement investment products, including a company that is authorized to do business

in Rhode Island that provides payroll services or recordkeeping services, and offers retirement

plans or payroll deposit IRA arrangements using products of regulated investment companies and

insurance companies qualified to do business in this state;

     (ii) "Vendor" does not include individual registered representatives, brokers, financial

planners or agents.

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     (10) "Wages" means any compensation, as defined by, §219(f)(1) of the Internal Revenue

Code, that is received by an enrollee from a participating employer during the calendar year.

     42-16.2-3. Administration. – (a) The program shall be administered, for administrative

purposes, by the department of labor and training.

     (b) Routine administrative costs incurred by the program shall be absorbed in the budget

for the department.

     42-16.2-4. Powers and duties of department. – (a) The department, and all persons

serving as program staff shall discharge their duties with respect to the program solely in the

interest of the program's enrollees and beneficiaries.

     (b) The department shall comply with and carry out the following responsibilities:

     (1) Cause the program to be designed, established and operated in a manner that:

     (i) Accords with best practices for retirement savings vehicles;

     (ii) Maximizes participation, savings, and sound investment practices;

     (iii) Maximizes simplicity, including ease of compliance and use for participating

employers and enrollees;

     (iv) Provides an efficient and cost-effective product to enrollees;

     (v) Ensures the portability of benefits; and

     (vi) Provides for the deaccumulation of enrollee assets in a manner that maximizes

financial security in retirement.

     (2) Comply with all applicable federal law and regulations of the Department of the

Treasury relating to the Internal Revenue Code.

     (3) Make and enter into contracts necessary for the administration of the program.

     (4) Evaluate and establish the process by which an enrollee is able to contribute a portion

of their wages to the program for automatic deposit of those contributions and the process by

which the participating employer provides a payroll deposit retirement savings arrangement to

forward those contributions and related information to the program.

     (5) Design and establish the process for enrollment under §42-16.2-7, including the

process by which an employee may:

     (i) Opt not to participate in the program;

     (ii) Select a contribution level;

     (iii) Select an investment option; and

     (iv) Terminate participation in the program.

     (6) Keep annual administrative expenses as low as possible.

     (7) Facilitate education and outreach to employers and employees.

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     (8) Carry out the duties and obligations of the program in an effective, efficient, and low-

cost manner. This includes the authority to explore, with other state entities, the potential

efficiencies which might be achieved by combining vendor contracting opportunities.

     (9) Exercise any other powers reasonably necessary for the effectuation of the purposes,

objectives, and provisions of this chapter pertaining to the program.

     (10) If deemed necessary, request in writing an opinion or ruling from the appropriate

entity with jurisdiction over the federal Employee Retirement Income Security Act (ERISA)

regarding the applicability of the federal Employee Retirement Income Security Act to the

program.

     (11) Conduct or cause to be conducted an audit of program-related activities of any

vendor.

     (12) Enter into information sharing agreements with any other state government entity

possessing data necessary for program administration.

     (13) Recommend to the Rhode Island general assembly, for legislative action,

nonpunitive incentives to encourage employer and employee participation, including, but not

limited, to tax credits.

     42-16.2-5. Employment of vendors. – (a) The state investment commission shall

engage, through a procurement process, pursuant to the general laws, a vendor to serve as the

default vendor with a three (3) year request for proposal.

     (b) All other vendors selected by employers shall comply with all applicable federal and

state laws, rules and regulations, as well as all administrative regulations promulgated by the

department with respect to the program.

     (c) All vendors shall provide the reports that the department deems necessary for the

department to oversee the vendors' performance, including, but not limited to, usage reports to

monitor compliance.

     42-16.2-6. Investment options and contribution amount. – (a) The department shall

ensure that investment options include a life-cycle fund or a lifestyle balanced qualified default

investment alternative governed by ERISA with a target date based upon the age of the enrollee.

     (1) The life-cycle fund or a lifestyle balanced qualified default investment alternative

governed by ERISA shall be the default investment option for enrollees who fail to elect an

investment option unless and until the department designates by rule a new investment option as

the default which it shall determine from appropriate qualified default investment alternatives.

     (2) The contribution amount for the default option shall be three percent (3%) of wages

earned during a payroll period.

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     (b) The department shall exercise its best efforts to also ensure that an appropriate menu

of investment options are available to enrollees.

     42-16.2-7. Implementations of program - Enrollment. – (a) Prior to the opening of the

program for enrollment, the department shall develop, design, and disseminate to all employers

an employer information packet and an employee information packet, which shall include

background information on the program, appropriate disclosures for employees, and information

regarding any program-related Internet website.

     (b) The employee information packet shall include, but not be limited to, all of the

following:

     (1) The benefits and risks associated with making contributions to the program;

     (2) The mechanics of how to make contributions to the program;

     (3) How to opt out of the program;

     (4) How to participate in the program;

     (5) The process for withdrawal of retirement savings;

     (6) How to obtain additional information about the program;

     (7) A statement advising employees seeking financial advice to contact financial

advisors, and also stating that participating employers are not in a position to provide financial

advice, and are not liable for the decisions employees make pursuant to this chapter;

     (8) A statement that the program is not an employer-sponsored retirement plan;

     (9) A statement that the program fund is not guaranteed by the state;

     (10) A form for an employee to note their decision to opt out of participation in the

program; and

     (11) Information stating that the default option is a life-cycle qualified default investment

alternative fund and that the initial investment amount shall be three percent (3%) of wages

earned during a payroll period.

     (c) Participating employers shall provide employees with a copy of the employee

information packet upon the implementation of the program or at the time of hiring.

     (d) Except as otherwise provided, the program shall be implemented and enrollment of

employees shall begin within twenty-four (24) months after the effective date of this chapter.

     (e) Each employer shall establish a payroll deposit retirement savings arrangement to

allow each employee to participate in the program within six (6) months after implementation of

the program.

     (f) Any employer for whom compliance with this chapter would cause a hardship may

notify the department of its need for an exemption from the requirements of this chapter. Any

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claim of hardship from an employer shall carry a rebuttable presumption of actual hardship and

an exemption shall be granted as determined by the department.

     (g) Employers with four (4) or fewer employees that have been in business two (2) or

more years may voluntarily elect to participate in the program pursuant to rules prescribed by the

department.

     (h) Employers shall enroll each employee who has not opted out of participation in the

program, and shall provide payroll deduction retirement savings arrangements for these enrollees

and deposit the funds into the program.

     (i) Enrollees must select a contribution level of at least three percent (3%) of wages

earned during each payroll period. This level may be set up to the deductible amount for the

enrollee's taxable year under §219(b)(1)(A) of the Internal Revenue Code.

     (j) If an enrollee fails to select a contribution level using the form described in subsection

(b) of this section, then the enrollee shall contribute three percent (3%) of their wages earned

during a payroll period to the program, provided that this contribution does not cause the

enrollee's total contributions to IRAs for the year to exceed the deductible amount for the

enrollee's taxable year under §219(b)(1)(A) of the Internal Revenue Code.

     (k) Enrollees may change their contribution level at any time, subject to administrative

regulations promulgated by the department.

     (l) Enrollees may select an investment option or a mix of investment options contained

within the program.

     (m) Enrollees may change their investment option at any time, subject to administrative

regulations promulgated by the department.

     (n) If an enrollee fails to select an investment option, that enrollee shall be placed in the

investment option selected by the state investment commission as the default under subsection

(b)(11) of this section. If the state investment commission has not selected a default investment

option, then an enrollee who fails to select an investment option shall be placed in the life-cycle

fund investment option.

     (o) Employers shall retain the option at all times to set up any type of employer-

sponsored retirement plan, such as a defined benefit plan or a 401(k), simplified employee

pension (SEP) plan, or savings incentive match plan for employees (SIMPLE), instead of having

a payroll deposit retirement savings arrangement to allow employee participation in the program.

     (p) An employee may terminate their participation in the program at any time in a manner

prescribed by the department.

     (q)(1) The state investment commission shall establish and maintain an Internet website

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designed to assist employers in identifying private sector providers of retirement arrangements

that can be set up by the employer, rather than allowing employee participation in the program

under this chapter;

     (2) However, the state investment commission shall only establish and maintain an

Internet website under this subsection if there is sufficient interest in such an Internet website by

private sector providers and if the private sector providers furnish the funding necessary to

establish and maintain the Internet website.

     (3) The state investment commission shall provide public notice of the availability of and

the process for inclusion on the Internet website address before it becomes publicly available.

     (4) If the Internet website is available to the public before the department opens the

program for enrollment, the Internet website address shall be included on any Internet website

posting or other materials regarding the program offered to the public by the department.

     (r) Enrollee contributions deducted by the participating employer through payroll

deduction shall be paid by the participating employer to the vendors pursuant to payroll deposit

retirement savings arrangements established by the department.

     42-16.2-8. No liability for retirement savings benefits. – (a) The state shall have no

duty or liability to any party for the payment of any retirement savings benefits accrued by any

individual under the program.

     (b) No state commission, commission, or agency, or any officer, employee, or member

thereof shall be liable for any loss or deficiency resulting from particular investments selected

under this chapter.

     (c)(1) Participating employers shall not have any liability for an employee's decision to

participate in, or opt out of, the program or for the investment decisions of any enrollee.

     (2) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over

the program. A participating employer shall not bear responsibility for the administration,

investment, or investment performance of the program. A participating employer shall not be

liable with regard to investment returns, program design, and benefits paid to program

participants.

     42-16.2-9. Rules and regulations. – The department shall promulgate administrative

rules and regulations, as necessary to carry out and implement the provisions of this chapter.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- PRIVATE EMPLOYER IRA

PROGRAM

***

     This act would establish a private employer IRA program allowing employees to

contribute at least three percent (3%) of their payroll period wages with oversight by the state

department of labor and training and the state investment commission.

     This act would take effect upon passage.

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