Employer requirements
Watch for your RetirePath notice (with unique access code), then register by the individual deadline stated in it — or certify an exemption based on a qualified plan.
Active — deadlines phasing in
Virginia Retirement Plan Mandate: Requirements for Employers
RetirePath Virginia
RetirePath Virginia expanded on July 1, 2026: employers with 5 or more employees (down from 25), operating 2+ years, with no qualified plan are now covered — roughly 35,000 newly covered businesses. Newly covered employers receive individual deadlines by notice rather than a single fixed date.
The Program
How RetirePath Virginia works
RetirePath Virginia expanded dramatically on July 1, 2026 under HB 176 / SB 149 (signed May 2026): the threshold dropped from 25+ to 5+ employees, part-time workers now count toward the threshold, and the prior 30-hours-per-week employee eligibility requirement was eliminated. Roughly 35,000 businesses become newly covered. The prior 25+ tier deadline (February 15, 2025) has passed; newly covered 5–24 employers receive notices with a unique access code and an individual deadline starting July 2026 — there is no single fixed date for this tier. Penalties run up to $200 per eligible employee per year. The program is administered by Commonwealth Savers Plan.
Employers that sponsor a qualified retirement plan satisfy the RetirePath requirement. If you would rather offer matching contributions or higher limits than the state's Roth IRA allows, an employer-sponsored 401(k) or Safe Harbor plan meets the mandate while giving you more design control.
At A Glance
The Virginia mandate at a glance
Registration deadlines
Prior 25+ tier deadline: February 15, 2025 (passed). Newly covered 5–24 employers: notices with a unique access code and an individual deadline are being mailed and emailed starting July 2026 — there is no single fixed date for this tier; the deadline is stated in each employer's notice.
Covered employers
As of July 1, 2026: employers with 5 or more employees, operating 2+ years, with no qualified plan. Part-time workers now count toward the threshold. Roughly 35,000 businesses become newly covered.
Penalties / enforcement
Up to $200 per eligible employee per year.
The Requirements
Who must comply in Virginia — and what is required
Employee eligibility
Eligible employees are 18+ receiving Virginia wages; the prior 30-hours-per-week requirement was eliminated effective July 1, 2026.
Exemptions
Employers offering a qualified plan; employers under the thresholds; businesses under 2 years old.
Penalties and enforcement
Up to $200 per eligible employee per year.
Your Options
Qualifying retirement plan alternatives in Virginia
Employers sponsoring a qualified retirement plan satisfy the RetirePath Virginia 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
Virginia mandate FAQs
Who is covered by RetirePath Virginia now?
As of July 1, 2026, employers with five or more employees (down from 25), operating two or more years, with no qualified plan. Part-time workers now count toward the threshold.
What changed for RetirePath Virginia on July 1, 2026?
HB 176 / SB 149 lowered the threshold from 25+ to 5+ employees, made part-time workers count, and removed the 30-hours-per-week eligibility rule u2014 bringing roughly 35,000 businesses newly into scope.
What is the RetirePath Virginia registration deadline?
There is no single fixed date for the newly covered 5u201324 tier. Each employer receives a notice with a unique access code and an individual deadline. The prior 25+ tier deadline (February 15, 2025) has passed.
What is the penalty for not complying in Virginia?
Up to $200 per eligible employee per year.
Does a 401(k) exempt us from RetirePath Virginia?
Yes. Employers that sponsor a qualified retirement plan satisfy the requirement.
How do we register for RetirePath Virginia?
Watch for your notice with a unique access code, then register through retirepathva.com by the individual deadline stated in it u2014 or certify your exemption if you sponsor a qualified plan.
Talk It Through
Not sure how the Virginia 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.