Whether California's CalSavers program requiring private employers to automatically debit employee paychecks and surrender those earnings to the State to manage as 'retirement savings' violates federal law (ERISA)

QUESTION PRESENTED Considering California’s infamous record of mismanagement, corruption, and the cavernous underfunding of its public employee retirement systems, is California permitted under federal law (ERISA) to now require private employers to automatically debit employee paychecks and surrender those earnings to the State to manage as “retirement savings,” despite the State expressly disclaiming any fiduciary accountability, and despite Congress having exercised its authority under the Congressional Review Act to veto a Department of Labor regulation that briefly carved out an ERISA Safe Harbor for such state-run automatic retirement savings plans?