"There are several factors that indicate that the ISCSP could be deemed an employee pension benefit plan subject to ERISA. While employees can opt-out of making contributions under the ISCSP, there is still an involuntary element present where an employee fails to take action and automatically must make contributions equal to 3% of wages.... The Act could be interpreted to only require employers to enroll employees, collect and remit contributions and put participants on notice of the program. Such minimal involvement, arguably, could land the program within the ERISA safe harbor."

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