Retirement Mandate Compliance for Construction Companies | RetirementMandate.com
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UPDATED FOR 2026 · 17 STATES · STATUTE-VERIFIED

Retirement mandates for construction crews, handled.

Crew churn, 1099 subs, seasonal swings — we untangle who counts and keep you compliant across the year.

Verified to state statutes 17 states covered No obligation
Construction crew reviewing plans together on a bright residential job site
Compliant & covered17 states · 2026
Example exposure · VA · 21 staff
$4,200/yr≈ $0*
Do nothing → penalty · your plan → covered*
17
States tracked
60s
To check your exposure
$0
Setup with credits*
100%
Statute-verified data
// why construction get caught out

Where the mandate bites businesses like yours.

Crew churn, messy eligibility

Crews turn over constantly — auto-enrollment eligibility becomes a mess without someone tracking it.

W-2 vs 1099 confusion

Only W-2 employees count toward the mandate. Subs on 1099s don't — but misclassification cuts both ways.

Seasonal swings trigger mid-year

Staffing up for the season can push you over the threshold mid-year, triggering the mandate when you least expect it.

Fines scale with the crew

Per-employee fines get large fast across a full crew — the bigger the roster, the bigger the exposure.

// 60-second check

What does your state actually require?

Pick your state and headcount for your real exposure — data verified against each state's own statute.

Informational only — not legal or tax advice.

Annual exposure · Virginia
$4,200
RetirePath Virginia · applies at 5+ employees

Get your full breakdown + a private-plan savings estimate:

// state plan vs your own

You can comply two ways. Only one builds anything.

The state auto-IRA

Compliance, nothing else
  • No employer match allowed
  • Low Roth-IRA contribution limits
  • One-size-fits-all investments
  • No tax credits for your business
RECOMMENDED

Your own 401(k)

Compliant — and working for you
  • Match if and when you want
  • Far higher contribution limits
  • SECURE 2.0 credits offset setup
  • A real recruiting & retention perk
// the part nobody tells you

Federal credits can cover most of your startup cost.

Under SECURE 2.0, small employers starting a plan can claim credits toward setup and contributions. The amount depends on your size and phases out over the first years — we model your real number, not a headline.

See what you'd qualify for
$5,000/yr
Startup credit toward administration costs, up to three years.
$1,000/emp
Toward employer contributions for smaller employers, phasing down as you grow.
$0down
Most eligible businesses can start for little to nothing in year one.
// construction faq

Asked by owners like you.

Do my 1099 subcontractors count toward the threshold?

No — independent contractors generally don't count; only W-2 employees do. But if a worker is misclassified, the state can count them anyway, so classification is worth getting right.

Our headcount doubles in summer. Which number counts?

States measure differently — some use a prior-year average, others a point-in-time count. We check your state's exact measurement rule and tell you where you stand.

Can union crews on a multiemployer plan be exempt?

Employees covered by a collective-bargaining agreement with a multiemployer retirement plan are typically treated as covered — the exemption specifics depend on your state. We confirm before you file anything.

Find out where your construction business stands.

Book a free 15-minute compliance audit. We'll show your exact requirement, your real exposure, and whether your own plan saves you money.

100% freeNo obligation15 minutes

Get your free audit

Takes 30 seconds. We'll reach out to schedule.
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