Non-ERISA 403(b) Satisfy CalSavers Exemption?

The plan sponsor is a 501(c)(3) org and can sponsor a 403(b)... Either ERISA or Non-ERISA.   The CalSavers program requires the employer to have a plan for exemption.  CalSavers is an IRA so I think a Non-ERISA plan would satisfy the exemption, but CalSavers is a little vague about this.  Any knowledge or opinions on this subject?

Thanks

Patricia Neal Jensen, JD, VP

FuturePlan

Here’s two relevant texts from the regulations:

“Exempt Employer” means an Employer that . . . (ii) maintains or contributes to a Tax-Qualified Retirement Plan[.]

“Tax-Qualified Retirement Plan” means a retirement plan that qualifies for favorable federal income tax treatment under Sections 401(a), 401(k), 403(a), 403(b), 408(k), or 408(p) of Title 26 of the United States Code. An employer-provided payroll deduction IRA program that does not provide for automatic enrollment is not a Tax-Qualified Retirement Plan.

https://www.treasurer.ca.gov/calsavers/regulations/final-regulations.pdf