2026 -- H 7475

========

LC004644

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

____________

A N   A C T

RELATING TO PUBLIC FINANCE -- RHODE ISLAND SECURE CHOICE RETIREMENT

SAVINGS PROGRAM ACT

     Introduced By: Representative Evan P. Shanley

     Date Introduced: February 04, 2026

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 35-23-2, 35-23-4 and 35-23-9 of the General Laws in Chapter 35-

23 entitled "Rhode Island Secure Choice Retirement Savings Program Act" are hereby amended to

read as follows:

     35-23-2. Definitions.

     As used in this chapter:

     (1) “Eligible employee” means a person age eighteen (18) years or older who is employed

by an eligible or optional employer and has been employed for a period of not less than one hundred

twenty (120) days. “Eligible employee” does not include:

     (i) Any employee covered under the federal Railway Labor Act (45 U.S.C. §§ 151—164

and 45 U.S.C §§ 181—188), or any employee engaged in interstate commerce not subject to the

legislative powers of the state, except insofar as application of this chapter is authorized under the

United States Constitution or laws of the United States; or

     (ii) Any employee on whose behalf an employer makes contributions to a Taft-Hartley

pension trust fund.

     (2) “Eligible employer” means a person or entity engaged in a business, industry,

profession, trade, or other enterprise in the state, whether for-profit or not-for-profit, excluding the

federal government, the state, any municipal corporation, or any of the state’s units or

instrumentalities, that has five (5) or more employees and that satisfies the requirements to establish

or participate in a payroll deposit retirement savings arrangement. “Eligible employer” does not

include an employer that provides a tax-qualified retirement savings program as described in § 35-

23-9.

     (3) “IRA” means an individual retirement account or individual retirement annuity under

26 U.S.C § 408 or § 408A (the federal Internal Revenue Code).

     (4) "Optional employee" means a person age eighteen (18) years or older that is not

employed by an eligible employer but has elected to enroll in the program.

     (4)(5) “Optional employer” means a person or entity engaged in a business, industry,

profession, trade, or other enterprise in the state, whether for-profit or not-for-profit, excluding the

federal government, the state, any municipal corporation, or any of the state’s units or

instrumentalities, that has under five (5) employees.

     (5)(6) “Participating employer” means an eligible or optional employer that provides a

payroll deposit retirement savings arrangement provided for by this chapter for eligible employees.

     (6)(7) “Payroll deposit retirement savings arrangement” means an arrangement by which

an employer allows employees to remit payroll deduction contributions to the RISavers retirement

savings program.

     (7)(8) “RISavers retirement savings program” or “program” means a retirement savings

program offered by the Rhode Island secure choice retirement savings program.

     (8)(9) “State investment commission” or “commission” means the state investment

commission established pursuant to the provisions of § 35-10-1.

     35-23-4. Investments.

     (a) The office of the general treasurer may select an appropriate third-party administrator(s)

for the program and shall adopt such plan, trust, and/or custodial documents, with such features

and attributes as the office of the general treasurer determines necessary or advisable in its

discretion to effectuate the provisions of this chapter in accordance with the following:

     (1) The office of the general treasurer may select one or more firm(s) or company(ies) to

provide retirement program investments, program administration, and communication services to

employees who participate in the retirement savings program. The program shall provide for

appropriate long-term retirement-oriented investments and shall include investment options as

determined by the state investment commission. In determining the firm(s) or the company(ies) to

provide these services, the office of the general treasurer shall consider the following:

     (i) The financial stability of the company or firm;

     (ii) The cost of the investments, program administration, and services to the members;

     (iii) The experience of the company or firm in administering retirement savings plans;

LC004644 - Page 2 of 6

     (iv) The experience of the company or firm in providing education, counseling, and advice

to participants of retirement savings plans; and

     (v) Any criminal convictions, securities or antitrust law violations, material civil or

regulatory fines or judgments against the company or firm which the company or firm shall be

required to disclose to the office of the general treasurer and the commission as part of the selection

process.

     (2) The program shall provide education, counseling, and objective employee-specific plan

advice to participants.

     (3) The program shall include a limited number of investment options that shall include

either:

     (i) Investment portfolio options that are constructed to reflect different risk profiles such

as conservative, moderate, and aggressive; and/or

     (ii) Options constructed to reflect different risk profiles that automatically reallocate and

rebalance contributions as an employee ages. There shall be investment options that prioritize the

securities of companies that demonstrate good governance; efficient use of environmental

resources; and thoughtful management of social impact. All investment offerings shall be approved

considered by the state investment commission no less than once every three (3) years.

     (b) The Rhode Island secure choice retirement savings program is an instrumentality of the

state. Any security issued, managed, or invested by the state investment commission within the

Rhode Island secure choice retirement savings program on behalf of an individual participating

within the RISavers retirement savings program shall be state income tax deferred for investment

earnings to include interest, dividends, and capital gains until such time as withdrawal pursuant to

the terms of this chapter.

     (c) The third-party administrator(s) shall adopt a written statement of investment policy

that includes a risk management and oversight program. The state investment commission shall

consider the statement of investment policy and any changes in the investment policy at a public

meeting no less than once every three (3) years.

     35-23-9. Employer participation.

     (a) After the office of the general treasurer opens the RISavers retirement savings program

for enrollment, eligible employers shall have a payroll deposit retirement savings arrangement to

allow employee participation in the program under the terms and conditions prescribed by the office

of the general treasurer.

     (b) Within twelve (12) months after the office of the general treasurer opens the program

for enrollment, eligible employers with more than one hundred (100) eligible employees and that

LC004644 - Page 3 of 6

do not offer a retirement savings program pursuant to subsection (g) of this section shall have a

payroll deposit retirement savings arrangement to allow employee participation in the program.

     (c) Within twenty-four (24) months after the office of the general treasurer opens the

program for enrollment, eligible employers with more than fifty (50) eligible employees and that

do not offer a retirement savings program pursuant to subsection (g) of this section shall have a

payroll deposit retirement savings arrangement to allow employee participation in the program.

     (d) Within thirty-six (36) months after the office of the general treasurer opens the program

for enrollment, all other eligible employers that do not offer a retirement savings program pursuant

to subsection (g) of this section shall have a payroll deposit retirement savings arrangement to allow

employee participation in the program.

     (e) The office of the general treasurer, in its discretion, may extend the time limits defined

in subsections (b) through (d) of this section.

     (f)(1) Each eligible employee shall be enrolled in the program unless the employee elects

not to participate in the program. An eligible employee may elect to opt out of the program at any

time by making a notation on the opt-out form.

     (2) Following initial implementation of the program pursuant to this section, at least once

every year, the office of the general treasurer shall designate an open enrollment period during

which eligible employees that previously opted-out of the program may enroll in the program.

     (3) An employee who elects to opt out of the program who subsequently elects to

participate through the employer’s payroll deposit retirement savings arrangement may enroll at

any time.

     (g)(1) An employer that provides an employer-sponsored retirement plan, such as a defined

benefit plan or a 401(k), 403(b), 457(b), simplified employee pension (SEP) plan, or savings

incentive match plan for employees (SIMPLE) plan, or that offers an automatic enrollment a payroll

deduction IRA, shall be exempt from the requirements of the RISavers retirement savings program,

if the plan or IRA qualifies for favorable federal income tax treatment under the federal Internal

Revenue Code.

     (2) An employer shall retain the option at all times to set up and offer a tax-qualified

retirement plan, instead of facilitating employee participation in the RISavers retirement savings

program.

     (h)(1) Following initial implementation of the program pursuant to this section, and at least

once every year, the general treasurer shall designate an open enrollment period during which

optional employers employees may enroll in the program.

     (2) An optional employer employee that enrolls in the program may elect to opt out of

LC004644 - Page 4 of 6

withdraw from the program upon thirty (30) days’ notice provided to employees their employer

and to the office of the general treasurer.

     (i) By regulation, the office of the general treasurer may set a default contribution rate,

unless otherwise specified by the employee. Employees shall have the ability to change their

contribution rate at any time with thirty (30) days’ notice provided to the office of the general

treasurer.

     SECTION 2. Chapter 35-23 of the General Laws entitled "Rhode Island Secure Choice

Retirement Savings Program Act" is hereby amended by adding thereto the following section:

     35-23-19. Severability.

     The provisions of this chapter are severable, and if any of its provisions shall be held

unconstitutional or are found to be preempted by federal law or by any court of competent

jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions.

     SECTION 3. This act shall take effect upon passage.

========

LC004644

========

LC004644 - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC FINANCE -- RHODE ISLAND SECURE CHOICE RETIREMENT

SAVINGS PROGRAM ACT

***

     This act would make several technical amendments to the Rhode Island secure choice

retirement savings program act necessary for continued administration and inter-state partnership.

     This act would take effect upon passage.

========

LC004644

========

LC004644 - Page 6 of 6