In the absence of any federal laws requiring that employers offer retirement plans, a growing number of states are passing legislation mandating that businesses provide these types of benefits for employees.
If your business, in the preceding calendar year, employed on average a minimum of five employees based in California, with at least one being 18 years old or more, and does not sponsor a qualified retirement plan, it is obligated to register for CalSavers.
Qualified plans include 401(k) plans, 403(b) plans, profit-sharing plans, and Keogh (HR-10) plans. Nonqualified plans include deferred-compensation plans, executive bonus plans, and split-dollar life insurance plans.
ERISA's requirements are similarly applied to both small employers and large employers alike. For example, an employer group with two employees or 200 employees will both be required to fulfill the disclosure and fiduciary requirements of ERISA.
California. Current rule: As of June 30, 2022, California requires employers with five or more employees, to offer a retirement savings plan.
Contribution Limits In addition, the amount employees can contribute under any 401(k) plan is limited to $20,500 for 2022 and $22,500 for 2023. This includes both pre-tax employee salary deferrals and after-tax designated Roth contributions (if permitted under the plan).
If your company doesn't offer a 401(k), you still can save for the future with an IRA, among other options. If you're self-employed, you can set up your own retirement plan (e.g. a solo 401(k), a SEP IRA, and/or a SIMPLE IRA). An IRA is also an option.
A limited liability company (LLC) is indeed eligible to establish a Simplified Employee Pension (SEP) IRA, which was designed to make it easy for small-business owners, self-employed individuals, and freelancers to set up tax-advantaged retirement plans.
If you are self-employed, it's in your hands to set up a retirement plan for yourself. You have many options to choose from including an IRA/Roth IRA, SEP or SIMPLE IRA, but the best best choice, if you qualify, is the Solo 401(k) plan. Learn why! -- Learn more about the Solo 401(k): .