EAC Update: CalSavers to Impose Penalties Beginning this Month

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Employer Advisory Council of Orange County, Inc.

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EAC Update


CalSavers to Impose Penalties for Non-Compliant Employers Beginning this Month

What's News by Scott & Whitehead


January 31, 2022


Five years ago, the California Legislature passed a law requiring most California employers to register for CalSavers, a retirement savings plan.

Employers that do not offer a private retirement plan and who have more than 100 employees should immediately comply with state law and register for the CalSavers Retirement Savings Program before penalties are imposed this month. The CalSavers Retirement Savings Board reports that more than 24,000 employers have already registered. Non-compliance penalties start at $250 per employee. Dozens of notifications and reminders have already been sent by letter and email from CalSavers.

Employers that offer their own qualified retirement plans (such as Section 401(k) or Simplified Employee Pension (SEP)) are exempt from the law’s mandate, but must certify that exemption to the State. 

According to the State, CalSavers was created to address retirement insecurity for all workers, as more than half of private sector workers reportedly lack access to a retirement plan at work. Designed to make it easier to save for retirement, CalSavers is easy for employers to facilitate; there are no employer fees, and no employer contributions are allowed.

The CalSavers registration requirement applies to all employers with five or more employees. Mandated employers must register for CalSavers at www.calsavers.com before their applicable deadline. The deadline for businesses with more than 100 employees was September 30, 2020. The deadline for businesses with more than 50 employees passed on June 30, 2021 and non-compliance penalties for this group are slated for mid-2022. The deadline for employers with five or more employees to register is June 30, 2022.

Non-compliant employers will be penalized $250 per employee upon the first penalty notice and, if non-compliance persists for another 90 days, an additional $500 per employee, for a total of $750 per employee for sustained noncompliance.


Reprinted with permission from Scott and Whitehead. 


Employee Benefits Webinar

Presented by Sheldon Blumling
Thursday, March 17, 2022
9:30am to 11:30am

$55 Non-Member

$40 Regional Member

$25 EAC-OC Member

Company benefit programs remain an important element in attracting and retaining quality employees.  Our expert speaker, Sheldon Bulling, is a partner at the law firm of Fisher Phillips, and chairs their Employee Benefits Practice Group.  This program will assist you in planning benefit changes in the COVID-19 era and will include information on the CalSavers retirement savings plan.

  • Ways benefit programs will change in the upcoming years
  • Benefit options for you to consider
  • Important compliance issues you need to understand
  • How and when to make changes to your benefits
  • How your benefits program can help you to attract and keep your employees
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Company benefit programs remain an important element in attracting and retaining quality employees.  Our expert speaker, Sheldon Bulling, is a partner at the law firm of Fisher Phillips, and chairs their Employee Benefits Practice Group.  This program will assist you in planning benefit changes in the COVID-19 era and will include information on the CalSAVERs retirement savings plan.

Register Now

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This bulletin is provided as a service to our clients and other friends to highlight current developments in the law. It is not intended to provide a legal opinion or specific legal advice. Should issues arise involving these, or other matters, please contact the EAC Office at (714) 794-4253.  


Employer Advisory Council of Orange County

The Employer Advisory Council of Orange County is a non-profit group, run by HR professionals and attorneys, as a low-cost approach to business and human resource solutions. Membership entitles you and your associates to low-cost HR workshops, timely updates on breaking legislation affecting your business practices and access to an HR Attorney Hotline. For more information on the EAC, visit our website at https://www.eac-oc.com

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