Automatic Enrollment Implementation
Is automatic enrollment permissible under law?
Yes
Explanation:
Public employers in Utah are authorized to implement automatic enrollment in their plans. However, the state plan currently does not use automatic enrollment, and only a few municipalities have adopted an automatic enrollment program.
Relevant State Laws – Utah Code Ann. § 34-28-3, § 34-28-1
Utah’s general wage withholding statute prohibits employers from withholding wages, unless required by law or court order, expressly authorized in writing by the employee, or made as a contribution to a retirement plan that is established by the employer. Utah Code Ann. § 34-28-3
State’s general wage withholding statute does not apply to public employers. Utah Code Ann. § 34-28-1.