Not currently enforced
Minnesota Secure Choice Retirement Program
Minnesota Secure Choice opened January 1, 2026 for employers with 5+ employees receiving Minnesota taxable wages and no qualified plan, with registration waves phasing in by employer size. The requirement exists in statute and program materials, but it is not presently being enforced.
The Program
The Minnesota Secure Choice requirement exists in statute and program materials, but it is not presently being enforced — no penalties are currently being assessed. Employers should monitor future program guidance and be prepared to act when enforcement begins.
The Minnesota Secure Choice Retirement Program opened on January 1, 2026 (with a soft launch through March 30) as the sixth member of the Partnership for a Dignified Retirement, with recordkeeper Vestwell contacting employers with access codes. It applies to employers with five or more employees receiving Minnesota taxable wages that do not offer a qualified plan, with registration waves phasing in by employer size through mid-2028.
Important: while the requirement is documented in statute and program materials, it is not presently being enforced — no penalties are currently being assessed. Minnesota employers should still document their status, watch for program notices, and monitor future guidance, because the statute does provide for escalating penalties once enforcement begins.
Sponsoring a qualified retirement plan satisfies the Minnesota Secure Choice requirement; file the exemption through the program portal so your records are clean. An employer-sponsored 401(k) also opens the door to employer matching and higher contribution limits that the state Roth IRA does not offer.
At A Glance
Registration waves by employer size: 100+ employees — June 30, 2026 (passed); 50–99 — December 31, 2026 (registration window July–December 2026); 25–49 — June 30, 2027; 10–24 — December 31, 2027; 5–9 — June 30, 2028. Note: the requirement is not presently being enforced.
Employers with 5+ employees receiving Minnesota taxable wages, with no qualified plan.
No penalties are currently being assessed. The statute provides for $100 per employee beginning in the second year of non-compliance, escalating to $500 per employee with no cap after four years; willful failure to remit contributions is a misdemeanor. Enforcement posture should be re-verified before relying on these provisions.
The Requirements
Covered employers are asked to register by their wave deadline or file an exemption via the program portal. Because the requirement is not presently being enforced, employers should document their status and monitor future guidance.
Eligible employees are enrolled automatically per program materials; recordkeeper Vestwell contacts employers with access codes.
Employers offering a qualified plan (file the exemption via the program portal); employers with fewer than 5 Minnesota employees.
No penalties are currently being assessed. The statute provides for $100 per employee beginning in the second year of non-compliance, escalating to $500 per employee with no cap after four years; willful failure to remit contributions is a misdemeanor. Enforcement posture should be re-verified before relying on these provisions.
Your Options
Employers sponsoring a qualified retirement plan satisfy the Minnesota Secure Choice requirement (file the exemption via the program portal). An employer-sponsored plan is also a way to settle the question ahead of any future enforcement — LRS can help evaluate whether one fits.
Design a plan around your workforce — matching, Roth options, vesting, and federal startup tax credits.
Start a new planConfirm your current plan qualifies, then tune its design so the mandate works in your favor.
Upgrade my company’s planLRS 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
The requirement exists in statute and program materials for employers with five or more employees and no qualified plan, but it is not presently being enforced u2014 no penalties are currently being assessed. Employers should document their status and monitor future guidance.
Not currently. No penalties are being assessed at this time. The statute does provide for escalating penalties beginning in the second year of non-compliance once enforcement begins, so employers should stay informed.
Employers with five or more employees receiving Minnesota taxable wages that do not offer a qualified retirement plan.
Registration waves phase in by employer size: 100+ (June 30, 2026), 50u201399 (Dec 31, 2026), 25u201349 (June 30, 2027), 10u201324 (Dec 31, 2027), and 5u20139 (June 30, 2028).
No penalties are currently being assessed. The statute provides for $100 per employee starting in the second year of non-compliance, rising to $500 with no cap after four years, and treats willful failure to remit contributions as a misdemeanor u2014 but these provisions are not being enforced at this time.
Yes. Employers that sponsor a qualified retirement plan satisfy the requirement; file the exemption through the program portal.
Talk It Through
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.