Legislative Summary:

First introduced in May of 2021, House Bill 205 The Delaware Expanding Access for Retirement and Necessary Saving (EARNS) was primarily sponsored by Rep. Larry Lambert (D), Rep. Paul Baumbach (D), Rep. Andria Bennett (D), Rep. David Bentz, Rep. Stephanie Bolden (D), Rep. Debra Heffernan (D), Rep. Valerie Longhurst (D), Rep. Melissa Minor- Brown (D), and Rep. Kimberly Williams (D).

Program Description:

Automatic Roth IRA program that has state-administered plans, that draws from automatic payroll contributions.

Affected Employers:

Employers that employed five (5+) or more employees during the previous calendar year, have been in business at least six months in the preceding calendar year, and do not offer a qualified retirement plan.

General Requirement:

Automatic enroll employees at 5% deferral with annual increases of 1% (up to a maximum of 10%) of the enrollee’s wages.

Launch Status:

May 17, 2022

Full Implementation:

January 1, 2025

Compliance Deadline:


Non-Compliance Penalties:

$250 / employee per year, up to a minimum of $5,000 per year

Employer Costs:


Employee Costs:



The Board shall adopt an investment policy statement and select investment options, including default investment options, consistent with the objectives of the program. The menu of investment options may encompass a range of risk and return opportunities.

Program Website: