Free Compliance Check

2026 State Retirement Mandate Comparison Guide

All 17 active, implementing, and pending state programs — employee thresholds, penalties, and exemption paths in one place.

📅 Get a Free Multi-State Compliance Check →

All 17 State Programs at a Glance

Last updated: April 2026. Data reflects published state regulations. Verify current thresholds with your state's official program portal before making compliance decisions.

State Program Name Employee Threshold Annual Penalty Status Exemption Path
CACalSavers5+$250 yr1 / $500 yr2+ActiveQualified plan + exemption application
ILIllinois Secure Choice5+$250 escalatingActiveQualified plan + exemption registration
OROregonSaves1+$100/yrActiveQualified plan + exemption certificate
CTMyCTSavings5+$500–$1,500/yrActiveQualified plan + exemption
NJRetireReady NJ25+$500/yrActiveQualified plan + Certificate of Exemption
NYNY Secure Choice10+$250/yrActiveQualified plan + exemption filing
MDMaryland$aves1+No penalty yetPhasedQualified plan + exemption form
WAWA Cares FundAll employersCivil penaltiesActiveEmployee long-term care insurance opt-out
COColorado SecureSavings5+$100/yrActiveQualified plan + exemption
VARetirePath Virginia25+$200/yrActiveQualified plan + exemption registration
HIHawaii Saves1+TBDImplementingTBD
DEDelaware EARNS5+TBDImplementingQualified plan
MNSecure Choice MN5+TBDImplementingQualified plan
VTGreen Mountain Secure Retirement1+TBDActiveQualified plan
MEPendingTBDTBDPendingTBD
NVPendingTBDTBDPendingTBD
UTUtah Retirement Plan Exchange25+TBDEnacted Mar 2026Qualified plan

Multi-State Employer FAQs

Do I have to comply if I operate in multiple states?
Yes — each state mandate applies independently. If you have employees in California and New Jersey, you must comply with both CalSavers and RetireReady NJ, or hold separate exemption certificates for each. A single federal 401(k) plan may satisfy both, but you must apply for exemption in each state separately.
Does having a 401(k) plan exempt me from all state mandates?
In most states, yes — a qualified employer-sponsored retirement plan (401k, 403b, SIMPLE IRA, SEP-IRA, or pension) is the primary exemption path. However, you must actively register for the exemption in each state where you operate. Failing to register can still result in penalties even if you have a 401(k).
Which states have the highest penalties for non-compliance?
Connecticut has the highest penalties ($500–$1,500 per year), followed by New Jersey ($500/year), California ($250 year 1, $500 year 2+), and Illinois ($250 escalating). Washington uses civil penalties enforced through the courts.

Operating in multiple states? Our specialists will map every mandate that applies to your business — free.

📅 Book a Free Multi-State Review →