"The guidance admittedly is not determinative about whether any specific state program would be preempted by ERISA, particularly if the program, when combined with state sovereign immunity laws, would leave state-run plan participants without a remedy.... [By] participating in such programs, an employer would be establishing an employee benefit plan subject to ERISA. Conditions limiting the extent of the employer's involvement in the program, similar to the condition in the current payroll-deduction IRA safe harbor, also must be followed."  MORE >>