Active mandate

Nevada Retirement Plan Mandate: Requirements for Employers

Nevada Employee Savings Trust (NEST)

NEST covers employers with 6 or more Nevada employees, in operation 36+ months, that have not maintained a tax-favored retirement plan in the current or previous three calendar years. A single registration deadline of September 1, 2025 applied to all covered employers; registration remains open.

Reviewed by the LRS compliance team · July 2026

The Program

How the Nevada Employee Savings Trust (NEST) program works

The Nevada Employee Savings Trust (NEST) was established by SB 305 (2023) and codified at NRS 353D. It covers Nevada employers with six or more employees that have been in operation 36 months or longer and have not maintained a tax-favored retirement plan — a 401(k), 403(b), SEP, or SIMPLE — in the current or previous three calendar years.

Two things make Nevada unusual. First, a plan offered through a chamber of commerce or trade association also satisfies the mandate — no other state program reviewed by LRS accepts that route. Second, the deadline structure was widely misreported: earlier phased-tier accounts were incorrect. A single registration deadline of September 1, 2025 applied to all covered employers, confirmed by the Nevada Treasurer's office and NEST program materials. Registration remains open, and covered employers that have not registered should register or certify an exemption.

Penalties have not yet been announced. The NEST board holds penalty authority under SB 305 and the Treasurer's office is reportedly moving toward enforcement; willful failure to remit employee contributions may carry additional statutory penalties. Employees become eligible at 18 or older after 120 days of employment, and participants in Railway Labor Act and Taft-Hartley multiemployer plans are excluded.

At A Glance

The Nevada mandate at a glance

Registration deadlines

A single registration deadline of September 1, 2025 applied to all covered employers (confirmed by the Nevada Treasurer's office and NEST program materials; earlier phased-tier reports were incorrect). Registration remains open — unregistered covered employers should register or certify an exemption.

Covered employers

Employers with 6 or more Nevada employees, in operation 36+ months, that have not maintained a tax-favored retirement plan (401(k), 403(b), SEP, SIMPLE) in the current or previous three calendar years.

Penalties / enforcement

Not yet announced; the NEST board has penalty authority under SB 305 and the Treasurer's office is reportedly moving toward enforcement. Willful failure to remit employee contributions may be subject to additional statutory penalties.

The Requirements

Who must comply in Nevada — and what is required

Employer requirements

Register with NEST and facilitate payroll deductions, or maintain a qualifying tax-favored plan — including plans offered through a chamber of commerce or trade association, which is unusual among state programs.

Employee eligibility

Employees are eligible at 18+ after 120 days of employment; participants covered by Railway Labor Act or Taft-Hartley multiemployer plans are excluded.

Exemptions

Employers offering a qualified plan within the lookback window; employers under the size or tenure thresholds. Chamber-of-commerce and trade-association plans also satisfy the mandate.

Penalties and enforcement

Not yet announced; the NEST board has penalty authority under SB 305 and the Treasurer's office is reportedly moving toward enforcement. Willful failure to remit employee contributions may be subject to additional statutory penalties.

Your Options

Qualifying retirement plan alternatives in Nevada

Tax-favored retirement plans — 401(k), 403(b), SEP, SIMPLE — satisfy the NEST mandate, as do plans offered through a chamber of commerce or trade association.

Start a new 401(k)

Design a plan around your workforce — matching, Roth options, vesting, and federal startup tax credits.

Start a new plan

Upgrade an existing plan

Confirm your current plan qualifies, then tune its design so the mandate works in your favor.

Upgrade my company’s plan

Full plan administration

LRS handles compliance testing, filings, and day-to-day administration so the plan stays qualified.

Plan administration services

Read more about state-approved qualifying retirement plans.

Your Next Move

What Nevada employers should do next

  1. Apply Nevada's specific test: six or more Nevada employees and 36 or more months in operation, with no tax-favored plan in the current or previous three calendar years.

  2. A single registration deadline of September 1, 2025 applied to all covered employers — there were no phased tiers, despite earlier reports to the contrary. Registration remains open, so a covered employer that has not registered can still do so.

  3. Check whether a plan offered through your chamber of commerce or trade association covers you — Nevada accepts that route, which is unique among the state programs LRS reviewed.

  4. Note the three-year lookback: having dropped a plan recently does not necessarily exempt you.

  5. Penalties are not yet announced, but the NEST board holds authority under SB 305 and the Treasurer's office is reportedly moving toward enforcement — do not read silence as safety.

  6. Confirm employee eligibility mechanics: employees qualify at 18+ after 120 days; Railway Labor Act and Taft-Hartley multiemployer plan participants are excluded.

Common Questions

Nevada mandate FAQs

What was the Nevada NEST registration deadline?

September 1, 2025 u2014 a single deadline that applied to all covered employers, confirmed by the Nevada Treasurer's office and NEST program materials. Earlier reports of phased tiers were incorrect. Registration remains open.

Which Nevada employers are covered by NEST?

Employers with six or more Nevada employees, in operation 36 months or longer, that have not maintained a tax-favored retirement plan (401(k), 403(b), SEP, SIMPLE) in the current or previous three calendar years.

Does a chamber of commerce plan satisfy the Nevada mandate?

Yes. Plans offered through a chamber of commerce or trade association also satisfy the mandate u2014 a route that is unusual among state programs and unique in the LRS review.

What is the penalty for not registering with NEST?

Penalty amounts have not yet been announced. The NEST board has penalty authority under SB 305 and the Treasurer's office is reportedly moving toward enforcement. Willful failure to remit employee contributions may carry additional statutory penalties.

When do Nevada employees become eligible?

Employees are eligible at 18 or older, after 120 days of employment. Participants in Railway Labor Act and Taft-Hartley multiemployer plans are excluded.

Does having had a 401(k) in the past exempt us?

Only within the lookback. The test looks at whether you maintained a tax-favored plan in the current or previous three calendar years, so a plan dropped several years ago may not exempt you.

Talk It Through

Not sure how the Nevada 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.