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PEOPLE & BENEFITS / RETIREMENT PLANS

Your state may require a retirement program. Your business still has choices.

Understand the requirement, evaluate the business decision, and get practical help when an employer-sponsored 401(k) is the right path.

Talk With Us About Your Retirement Plan

STATE RETIREMENT REQUIREMENTS

Check your state.

Last updated: September 13, 2026

Select a state with an active program to visit its official program website. Enacted programs may not yet be active; confirm current requirements directly with the state program.

Active requirement Enacted / status developing No active requirement shown

Thresholds are a starting point, not a coverage determination. Requirements, effective dates, exemptions, registration, reporting, payroll, employee communications, penalties, and qualifying alternatives can change.

START WITH THE REQUIREMENT

Understand the requirement.
Then understand your choices.

State retirement programs differ. Before acting, understand the employee-count threshold, effective dates, eligibility, exemptions, registration and reporting requirements, payroll work, employee communications, penalties, and alternatives available to the employer.

The point is not simply “you have to do this.” It is to understand the requirement and make an informed business decision.

THE BUSINESS DECISION

A mandate starts the question.
It doesn’t choose the answer.

Option 1 — State-facilitated program

If the business chooses the state-facilitated program, it works directly with that program for registration, implementation, administration, employee support, and ongoing requirements. Consilium Plus does not implement, administer, or provide ongoing administration for state-facilitated programs. We can help the business understand the decision and compare the alternative where appropriate.

Option 2 — Employer-sponsored 401(k)

A business may instead establish an employer-sponsored retirement plan, subject to applicable requirements. This is where Consilium Plus can provide more extensive support: helping the employer understand objectives, coordinate implementation, and stay engaged through the early experience.

State program or employer-sponsored 401(k)?

TWO REASONS BUSINESSES COME TO US

Start with what the plan needs
to accomplish.

“I need a retirement plan.”

What do you want the retirement plan to accomplish?

For a business starting from scratch, we explore compliance, recruiting, retention, participation, employee understanding, a possible employer match, profit sharing, owner retirement savings, tax-advantaged savings, administrative responsibilities, and long-term objectives.

The plan should be built around the business objective — not the other way around.

“I already have a 401(k).”

Already have a 401(k)? Before changing anything, understand what you have.

We look at why it was established, what it has accomplished, participation, employee understanding, matching, costs, workload, employee experience, and what the business wants going forward.

Why do you think participation is where it is?

We diagnose the reason before recommending a solution. When appropriate, the 408(b)(2) fee disclosure and Adoption Agreement help us understand the current structure, services, and costs.

We don’t start by asking what product to sell. We start by asking what the business needs the retirement plan to accomplish.

COUNSEL BEFORE SOLUTION

Counsel comes first.

We don’t begin with a retirement-plan product. We begin with the business, the owner’s objectives, the employees, the existing situation, and the responsibilities the employer is willing to take on.

Then we determine what makes sense. The recommendation should follow the business need.

WHITE-GLOVE ONBOARDING, TRAINING & EDUCATION

We don’t expect you to become
a retirement-plan expert.

Consilium Plus begins by understanding the business, objectives, existing situation, and requirements. We then coordinate with the appropriate retirement-plan provider and other specialists.

We help coordinate implementation, train the employer on its responsibilities, and provide practical employee education. We remain involved for approximately the first 90 days after launch so the employer and employees can get comfortable with the plan.

“I understand what we’re doing, why we’re doing it, and what happens next.” That is the goal.

Practical support.
Clear responsibilities.

Support is scoped to the engagement and the chosen provider. We confirm activities, timing, fees, and responsibilities before work begins.

1. Understand

We understand the business, objectives, existing situation, state requirements, employee considerations, and what the owner wants the plan to accomplish.

2. Coordinate

We coordinate with the appropriate retirement-plan provider and other specialists.

3. Implement

We help coordinate implementation and keep the employer moving forward.

4. Train the employer

We help the employer understand its responsibilities. The owner should not have to become a retirement-plan expert.

5. Educate employees

We help employees understand the plan and how to use it. The employer should not have to explain it alone.

6. Stay involved

Our involvement continues after launch. Consilium Plus remains involved for approximately the first 90 days after implementation.

Our role is business consulting, general education, information, and coordination. We do not select investments for employees, provide individualized regulated advice, or assume the provider’s or employer’s responsibilities.

COSTS & TAX INCENTIVES

Look at the whole cost.
Then check eligibility.

Ask for setup, recurring administration, participant, investment, payroll, and optional-service fees in writing. Separate the business’s costs from employee costs and any employer contributions. Confirm the fee for Consilium Plus support as part of the agreed scope.

Employer-sponsored retirement plans may provide potential tax advantages or incentives. Eligibility, expenses, plan structure, and the applicable tax year matter; no tax benefit is guaranteed.

IRS retirement-plan startup credits (opens in a new tab)

Questions for your tax professional

  • Does the employer qualify for the relevant credit?
  • Which startup, administration, or employee-education expenses qualify?
  • Do contribution or automatic-enrollment credits apply?
  • How do credits interact with deductions and other rules?
  • Which forms and records are needed?

Have your tax professional confirm the calculation for your circumstances.

Current IRS Form 8881 instructions (opens in a new tab)

WHO HANDLES WHAT

Coordination helps.
Accountability still matters.

Roles to confirm in the written scope and plan agreements
RoleWhat to clarify
Consilium PlusGeneral education, employer onboarding support, employee training, implementation coordination, and routing questions to the appropriate specialist, as agreed.
Plan provider & specialistsPlan documentation, recordkeeping, administration, compliance services, payroll integration, and any explicitly accepted fiduciary functions. Confirm the actual services in the contract.
EmployerDecisions, accurate employee and payroll information, assigned contributions and notices, and oversight responsibilities. Hiring a provider does not automatically remove fiduciary duties.
Licensed professionalsIndividualized legal, tax, accounting, investment, or financial-planning advice within their professional scope.
DOL guide to employer responsibilities (opens in a new tab)

A CLEARER PATH FORWARD

Compensation disclosure.

Consilium Plus may receive compensation from retirement-plan providers in connection with plans we help implement. Compensation arrangements are disclosed to the plan sponsor as required.

Use the implementation planning guide

You shouldn’t have to explain what you don’t understand.

A retirement requirement can become another job on the owner’s desk. Our purpose is to turn that complexity into a clear business decision and an organized implementation conversation. Solve the immediate problem, build understanding, and be ready for the next business question.

Educational information reviewed September 10, 2026. State rules and federal guidance can change. Use the linked authoritative resources and qualified professionals for current, business-specific requirements. Read our professional-services disclaimer.