Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H4248

Introduced
7/4/25  

Caption

Relative to retirement savings

Summary

This bill establishes the Massachusetts Secure Choice Savings Program, a state-administered retirement savings program for private-sector employees whose employers do not already offer a qualified retirement plan. The program would be housed in the state treasurer’s office and overseen by a new five-member Massachusetts Secure Choice Savings Board. Employers meeting the bill’s criteria would be required to set up payroll deposit arrangements so eligible employees can be automatically enrolled unless they opt out, with a default contribution rate of 6% of wages and automatic annual escalation of 1% up to 10% unless changed by the employee. The bill also creates a dedicated, non-budgeted special revenue fund to pay program administration and oversight costs, and it authorizes the treasurer to contract with investment and administrative vendors, explore multistate or regional arrangements, and issue investment policy guidance. Employees would be able to choose contribution levels, select investment options, or opt out entirely, while employers could instead satisfy the law by offering their own retirement plans such as a 401(k), SEP, SIMPLE, or defined benefit plan. The bill includes confidentiality rules for employer information, deposits civil penalties into the fund, and makes the act effective July 1, 2025, with an emergency preamble for immediate implementation. Its impact on state law is to add a new retirement savings framework to Chapter 29 and related enforcement provisions, while also directing the Department of Revenue to notify employers once the program is implemented. The bill creates employer compliance obligations, penalty provisions for failure to enroll eligible employees or timely remit payroll deductions, and a limited grace period before penalties begin after notice is issued. It also clarifies that the Commonwealth, the board, and participating employers are not fiduciaries for the program and do not guarantee investment returns or assume liability for tax consequences or benefit outcomes. The general sentiment reflected in the bill text is strongly supportive of expanding retirement access, emphasizing convenience, portability, low cost, and increased savings for private-sector workers. Because there are no committee transcripts or recorded votes provided, there is no documented public debate in the supplied materials, but the structure of the bill suggests a policy consensus around creating a state-facilitated savings option for workers without employer-sponsored plans. The main points of contention likely center on mandatory employer participation, automatic enrollment, payroll deduction administration, and the penalty regime for noncompliance. Employers may view the program as an added administrative burden, while supporters would likely argue that the opt-out design and the ability to substitute an existing retirement plan reduce that burden. Another potential issue is the bill’s reliance on state administration and vendor contracting, along with the legal caution around ERISA and federal tax treatment, which indicates concern about ensuring the program does not create unintended liability or conflict with federal law.

Impact

The bill amends Chapter 29 of the General Laws to create the Massachusetts Secure Choice Savings Fund, the Massachusetts Secure Choice Savings Board, and the Massachusetts Secure Choice Savings Program, while also adding employer compliance and penalty provisions. It requires eligible employers to provide payroll deduction retirement savings arrangements unless they sponsor an alternative qualified retirement plan, and it authorizes the Department of Revenue to enforce compliance and collect penalties that are deposited into the new fund. The bill also establishes state-level administrative, reporting, and investment oversight duties and limits liability for the Commonwealth and participating employers.

Sentiment

The overall sentiment is favorable toward expanding retirement savings access for private-sector workers, with the bill framed as a practical, low-cost, portable savings solution. The text emphasizes automatic enrollment, employee choice, and employer flexibility to use existing retirement plans as alternatives, suggesting an effort to balance worker access with business concerns. No votes or transcripts were provided, so there is no recorded opposition or support beyond the bill’s design and stated purpose.

Contention

The likely areas of contention are the mandate on employers to set up payroll deduction arrangements, the automatic enrollment structure, and the penalties for failing to comply. Employers may object to administrative costs and compliance obligations, while supporters are likely to focus on the opt-out feature and the exemption for employers that already offer qualified retirement plans. There is also a legal-policy concern around ERISA applicability and federal tax treatment, which the bill addresses by requiring the treasurer to seek a ruling before implementation.

Companion Bills

MA H4240

Replaced by Making appropriations for the fiscal year 2026 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements, and for certain permanent improvements

MA H4250

Replaced by So much of the message from Her Excellency the Governor returning the General Appropriation Bill for fiscal year 2026 (see House, No. 4240) as relates to Attachments B and C, for items returned with disapproval of wording under the provisions of Section 5 of Article LXIII and sections returned with recommendations of amendments under the provisions of Article LVI of the Amendments to the Constitution (House, No. 4250). July 4, 2025

Similar Bills

No similar bills found.