Employer requirements
Register with New York Secure Choice by your size-tier deadline and facilitate payroll deductions, or rely on a qualified plan offered within the prior 2 years.
Active — deadlines phasing in
New York Retirement Plan Mandate: Requirements for Employers
New York State Secure Choice Savings Program
New York State Secure Choice applies to employers with 10+ employees throughout the prior calendar year, in business 2+ years, with no qualified plan in the prior two years. Registration ran in tiers through July 2026; penalty amounts have not been announced.
The Program
How the New York State Secure Choice Savings Program program works
The New York State Secure Choice Savings Program is the state's auto-IRA for employers that do not sponsor a retirement plan. It applies to employers with ten or more employees throughout the entire prior calendar year, in business two or more years, that have not offered a qualified retirement plan in the prior two years. The program launched in October 2025, and New York City's separate program was folded into the state rollout — so the state program is the one New York City employers look to.
Two details decide coverage more often than headcount alone. The ten-employee test looks across the entire prior calendar year, not a headcount on a single date, so seasonal staffing matters. And the exemption runs on a two-year lookback: an employer that offered a qualified plan within the prior two years is exempt, which is a wider window than most state programs use.
Registration opened in tiers: employers with 30 or more employees were due March 18, 2026, the 15–29 employee tier on May 15, 2026, and the 10–14 employee tier on July 15, 2026. New York has not publicly announced penalty amounts — confirmed against multiple trackers as of June 2026. That is worth understanding precisely: the absence of a published penalty is not an exemption. The registration obligation is in force on its own terms, and amounts can be published at any time.
At A Glance
The New York mandate at a glance
Registration deadlines
30+ employees: March 18, 2026. 15–29 employees: May 15, 2026. 10–14 employees: July 15, 2026.
Covered employers
Employers with 10+ employees throughout the entire prior calendar year, in business 2+ years, that have not offered a qualified plan in the prior 2 years.
Penalties / enforcement
Penalty amounts have not been publicly announced (confirmed by multiple trackers, June 2026). The registration obligation is nonetheless in force. Additional program guidance may be forthcoming.
The Requirements
Who must comply in New York — and what is required
Employee eligibility
Eligible employees are enrolled automatically unless they opt out, at a 3% default contribution rate.
Exemptions
Employers offering a qualified plan within the prior 2 years; employers with fewer than 10 employees; businesses under 2 years old.
Penalties and enforcement
Penalty amounts have not been publicly announced (confirmed by multiple trackers, June 2026). The registration obligation is nonetheless in force. Additional program guidance may be forthcoming.
Your Options
Qualifying retirement plan alternatives in New York
Employers that offered a qualified retirement plan within the prior two years satisfy the New York Secure Choice requirement.
Start a new 401(k)
Design a plan around your workforce — matching, Roth options, vesting, and federal startup tax credits.
Start a new planUpgrade an existing plan
Confirm your current plan qualifies, then tune its design so the mandate works in your favor.
Upgrade my company’s planFull plan administration
LRS handles compliance testing, filings, and day-to-day administration so the plan stays qualified.
Plan administration servicesRead more about state-approved qualifying retirement plans.
Common Questions
New York mandate FAQs
What are the New York Secure Choice registration deadlines?
Registration opened in tiers: employers with 30 or more employees were due March 18, 2026; the 15u201329 employee tier on May 15, 2026; and the 10u201314 employee tier on July 15, 2026. A covered employer that has not registered or certified an exemption still needs to do so.
What is the penalty for not registering in New York?
New York has not publicly announced penalty amounts, confirmed against multiple trackers as of June 2026. The registration obligation is in force regardless, and amounts could be published at any time.
Which New York employers are covered?
Employers with ten or more employees throughout the entire prior calendar year, in business two or more years, that have not offered a qualified retirement plan in the prior two years.
Does New York City have its own program?
Not anymore. New York City's separate program was folded into the state rollout, so the New York State Secure Choice Savings Program is the one that applies.
We have a 401(k). Are we exempt?
Employers that have offered a qualified retirement plan within the prior two years are exempt. Note the lookback is two years, not just the current plan year.
How does the New York program work for employees?
It is a Roth IRA with automatic enrollment at a 3% default contribution. Employers facilitate payroll deductions but cannot contribute u2014 an employer-sponsored plan is the route to matching.
Talk It Through
Not sure how the New York mandate applies to you?
Leading Retirement Solutions designs and administers plans that satisfy state mandates. Talk through your requirements with a consultant before your deadline.
This page is provided for general information only and is not legal or tax advice. Program details change; confirm requirements with the official state program or your advisors.