"Many states have been active in this space, creating safe and secure savings opportunities for their workers.... But states have also expressed concern about a lack of clarity as to whether their efforts would be preempted or nullified by [ERISA]. Although the federal courts, not the [DOL], are the ultimate arbiter on that question, the department can try to help reduce the risk of litigation challenges to state retirement savings initiatives. The forthcoming guidance will safeguard worker retirement savings and offer pathways for states to adopt retirement savings programs that are consistent with federal law."

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