Vital CalSavers Registration Deadlines for California Employers

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Important upcoming registration deadline: Employers in California with more than 100 employees must register (or be certified as exempt) with the CalSavers Retirement Savings Program (CalSavers) by September 30, 2020 (the original deadline of June 30, 2020 has been extended due to the deadline ) Covid19 pandemic). The registration deadline for California employers with 100 or fewer employees will be phased in over the next two years. California employers with 51 to 100 employees must register by June 30, 2021, and employers with 5 to 50 employees must register by June 30, 2022. California companies may receive communications from CalSavers to register or certify an exemption for the company. The link to the CalSavers website to register or apply for an exemption is https://employer.calsavers.com.

Employers who already offer a pension plan sponsored by the employer are exempt and can therefore confirm and confirm the exceptional status of the employer during the online registration process on the CalSavers website. An employer's eligibility and compliance deadlines are based on the employer's average number of employees over the year. This number is calculated by averaging the number of employees that the employer reports to the employment development department in the employer's previous four DE9C documents.

Any Eligible Employer who does not allow their Eligible Employees to participate in CalSavers on or before 90 days after delivery of their non-compliance notice without good cause will pay a penalty of $ 250 per Eligible Employee if the non-compliance continues for 90 days or more An additional penalty of $ 500 per eligible employee upon termination and if it is determined that there is non-compliance 180 days or more after termination.

As a background, CalSavers provides a retirement platform for California workers without access to an employer-sponsored retirement plan. CalSavers generally requires employers who do not offer an employer sponsored pension plan, such as: For example, a 401 (k) plan or an IRA-based program (e.g. SEP or SIMPLE IRA) that they automatically register their employees with CalSavers and transfer wages to CalSavers for each employee who is not positive about the participation in the program refuses. CalSavers currently offers a Roth IRA platform on which employees are registered, which is subject to the annual contribution and income limits of the Federal Tax Act. For example, if the enrolled employee is already contributing to another traditional or Roth IRA outside of CalSavers, the employee must consider the impact that such contributions have on the Roth IRA that may benefit the employee within the framework of CalSavers or The Employee Completely reject CalSavers.

Unlike traditional employer-sponsored retirement plans, CalSavers is not managed or sponsored by the employer, but is overseen by the California Secure Choice Retirement Investment Board, and Ascensus College Savings Recordkeeping Services, LLC (ACSR) is the program administrator. ACSR and its affiliates are responsible for day-to-day program operations. As a result, insured employers are not required to manage CalSavers' day-to-day business, and they do not have fiduciary duties related to the program. The responsibilities of an authorized employer with regard to CalSavers are limited to: (1) registration as an insured employer or confirmation of its exceptional status; (2) transfer of the participating employee contributions; and (3) updating his account by adding new employees who are eligible to enroll and removing former employees who are no longer employed. In fact, employers are not allowed to support, encourage, or advise CalSavers whether to participate, how much (if any) to contribute, or to provide investment assistance. According to CalSavers, there is no obligation to pay employers' fees or registration fees for employers.

After an authorized employer has registered, CalSavers implements an automatic contribution function. This means that authorized employees are automatically registered with CalSavers 30 days after their hiring / authorization date, provided the authorized employee does not answer yes. Automatic contributions start at 5% of the annual remuneration and increase by 1% per year to a maximum of 8% unless the employee chooses otherwise. CalSavers is a completely voluntary pension program. Employees can unsubscribe at any time or reduce or increase the amount of the wage contributions. If an employee logs out, they can choose CalSavers again later. In addition, California law requires CalSavers to run an open enrollment period every two years, in which eligible employees who have previously unsubscribed are invited to participate in automatic enrollment again and have to unsubscribe if they still do not who want to participate in the program. Employees who save through CalSavers own and have control over their own accounts.

Disclaimer of liability

Any tax advice in this document is not intended or written for use by the author and cannot be used by any recipient to avoid tax penalties that could be imposed on a person. There is no restriction on a recipient thereof by the author thereof regarding disclosure of the tax treatment or tax structure of a transaction. Without the prior written consent of the author, nothing may be used or mentioned herein to promote, market, or recommend a partnership or other company, investment plan, or arrangement for any person.

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