2017 Maryland Code
Labor and Employment
Title 12 - Maryland Small Business Retirement Savings Program and Trust.
Subtitle 2 - Establishment; Powers and Duties of Board.
§ 12-205. Required disclosures.

  • (a) Establishment of procedures and diclosures. -- The Board shall establish procedures and disclosures to protect the interests of participants and employers.
  • (b) Designing and disseminating information. --
    • (1) Before opening the Program for enrollment, the Board shall design and disseminate to employers and employees information regarding the Program.
    • (2) The information provided shall include background information on the Program and appropriate disclosures for employees, including:
      • (i) the benefits and risks associated with making contributions to the Program;
      • (ii) the mechanics of how to make contributions to the Program;
      • (iii) how to opt out of the Program;
      • (iv) the process for withdrawal of retirement savings;
      • (v) how to obtain additional information on the Program; and
      • (vi) information about alternative retirement savings options.
  • (c) Disclosure form requirements. -- The disclosure form shall clearly state the following:
    • (1) employees seeking financial advice should contact financial advisors because employers are not in a position to provide financial advice;
    • (2) in accordance with § 12-501 of this title, employers are not liable for decisions made by employees;
    • (3) the Program is not an employer-offered savings arrangement; and
    • (4) in accordance with § 12-502 of this title, the Program fund may be privately insured and is not guaranteed by the State.
  • (d) Opt-out procedures. -- The Board shall establish procedures for:
    • (1) a covered employee to opt out of participation in the Program;
    • (2) a participating employee to opt out of participation in the Program after the participating employee has commenced participation; and
    • (3) an employee who has opted out of participation to participate or resume participation in the Program.
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