"Whether state programs, like the ones in Illinois and California, are subject to ERISA -- either ERISA's substantive rules (e.g., ERISA fiduciary rules) or ERISA's preemption provision -- is one of the basic questions yet to be answered. If they are, it is likely that these programs will not be implemented. If, however, DOL (following its reasoning in the myRA letter) is prepared to say that, because these programs are established, sponsored, and administered by a state government, they are not subject to ERISA, the effort to implement state private-sector retirement plans is likely to gain momentum."