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Kentucky establishes voluntary Commonwealth Retirement Savings Plan for private-sector small business employees

Original title: AN ACT relating to retirement income savings plans for private sector employees.

Last action · February 17, 2026: to Small Business & Information Technology (H)Sponsor: Deanna Gordon

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Kentucky creates a voluntary, payroll-deduction program called the Commonwealth Retirement Savings Plan for private-sector employees of small businesses with fewer than 50 workers, set to begin enrollment on July 1, 2028. Administered by a seven-member board of trustees attached to the State Treasurer's office, the plan operates outside the State Treasury and does not involve state guarantees or employer liability.

Why it matters

Small business workers gain access to a low-cost, portable retirement savings vehicle through voluntary payroll deductions, while participating employers face no responsibility or mandatory setup costs.

Background
  • State-facilitated retirement savings programs for private-sector workers without access to employer-sponsored plans have been enacted in multiple U.S. states to address retirement savings gaps. context
  • The State Treasurer serves as an ex officio constitutional officer in Kentucky responsible for state funds management and serves on various financial and administrative boards. context

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

small businesses with fewer than 50 employees

Employers may voluntarily elect to offer payroll-deduction retirement savings arrangements without assuming fiduciary liability or responsibilities.

Directly affected

private-sector employees of small businesses

Employees aged 18 and older working for participating employers gain the option to voluntarily enroll in a payroll-deduction Roth IRA.

Directly affected

State Treasurer

The State Treasurer serves as ex officio board chair, oversees administrative attachment, and submits an implementation update to the Legislative Research Commission by July 1, 2027.

Key Facts

  • Establishes the Commonwealth Retirement Savings Plan as a voluntary payroll-deduction Roth IRA administered by a 7-member board of trustees chaired by the State Treasurer.
  • Applies to small business employers with fewer than 50 employees who voluntarily choose to participate, and to employees 18 years of age or older.
  • Sets plan implementation and employee enrollment to begin on July 1, 2028, subject to potential delay if adequate implementation funds are not obtained.
  • Requires the State Treasurer to provide a written implementation update to the Legislative Research Commission on or before July 1, 2027.
Show all 9 facts
  • Prohibits state guarantees on fund performance and shields participating employers from fiduciary liability or responsibility for employee investment decisions.
  • Creates the Commonwealth Retirement Savings Plan fund as a trust fund outside the State Treasury, prohibiting the Commonwealth from having a claim to or commingling public funds with it.
  • Authorizes the Kentucky Economic Development Finance Authority to provide loans to help implement the retirement plan and support small businesses.
  • Exempts individual participant account information and personally identifiable information from public records laws under KRS 61.870 to 61.884.
  • Requires the board to engage a plan vendor through a competitive procurement process under KRS Chapter 45A, requiring fiduciary, errors and omissions, and cybersecurity insurance.

Frequently Asked Questions

Are small business employers required to participate in the plan?
No. Participation is completely voluntary for employers, who may elect to provide the arrangement and withdraw at any time or establish their own employer-sponsored retirement plan instead.
Are employees automatically enrolled in the plan?
No. Employees of participating employers may enroll only by affirmative election.
Does the state guarantee the investment returns of the retirement plan?
No. The plan fund is not guaranteed by the state, and neither the faith and credit nor the taxing power of the Commonwealth is pledged to pay plan debts or investment performance.
When is enrollment scheduled to begin?
Implementation and employee enrollment are scheduled to begin on July 1, 2028, unless delayed by the board due to inadequate implementation funding.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

2 actions
  1. Feb 17, 2026HouseCommittee
    to Small Business & Information Technology (H)
  2. Feb 9, 2026HouseIntroduced
    introduced in House to Committee on Committees (H)

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Establishment of State-Facilitated Retirement Plan

Kentucky creates a voluntary retirement savings vehicle for private-sector workers outside of traditional state employee pension systems.

Connected Entities

Kentucky Economic Development Finance Authority, Legislative Research Commission, CFA Institute and 5 more
OrganizationKentucky Economic Development Finance Authority“Authorized to fund a small business loan program and help implement the retireme”Map →
OrganizationLegislative Research Commission“Receives the State Treasurer's written implementation update by July 1, 2027.”Map →
OrganizationCFA Institute“Determines chartered financial analyst good standing for board expertise require”Map →
OrganizationCommonwealth Retirement Savings Plan board of trustees“Governing body established to administer the plan.”Map →
OrganizationFinance and Administration Cabinet“Cabinet secretary serves as an ex officio board member.”Map →
OrganizationCommonwealth Retirement Savings Plan“New voluntary retirement savings plan for small business employees.”Map →
OrganizationState Treasurer“Houses the Commonwealth Retirement Savings Plan and chairs its board.”Map →
OrganizationEducation and Labor Cabinet“Cabinet secretary serves as an ex officio board member.”Map →

Sources

Open source document

apps.legislature.ky.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 65)
  • Controversy25
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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