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UPDATED OCTOBER 2026 · STATUTE-VERIFIED

CalSavers: California Retirement Mandate for Employers

If your business has at least one employee in California and offers no qualified retirement plan, CalSavers requires you to register or certify an exemption. All announced registration deadlines have passed.

CalSaversENFORCING
State program
1+ employees (prior-year average)
Employee threshold
Up to $500 / employee / yr (escalating)
Non-compliance penalty
// 60-second check

What does California actually require?

Set your headcount for your real exposure — data verified against the statute.

Informational only, not legal or tax advice.

Annual exposure · California
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Get your full breakdown + a private-plan savings estimate:

// verified to the statute

CalSavers at a glance.

Who is covered

CalSavers covers California employers with 1+ employees (prior-year average) that do not offer a qualifying retirement plan. Counting rule: Average number of California employees on the four prior-year DE 9C filings, at least one of whom is 18 or older. No years-in-business requirement; newly eligible employers register by December 31 of the year they are notified.

Penalty and enforcement

Escalating: 90+ days after notice: $250 per employee; 180+ days after notice: $500 per employee. Penalties are being assessed now. How CalSavers penalties are calculated, with examples.

Deadlines

  • Passed: 100+ employees, September 30, 2020
  • Passed: 50+ employees, June 30, 2021
  • Passed: 5+ employees, June 30, 2022
  • Passed: 1–4 employees, December 31, 2025

Newly eligible employers: December 31 of the year notified.

If your group's date has passed and you have not registered, register or certify an exemption now.

Source

Cal. Gov. Code §§100000, 100032, 100033(b)(2); Rev. & Tax. Code §19287; 10 CCR §§10000–10012. Official program: CalSavers official site. Verified September 17, 2026.

// 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 can offset setup costs
  • A real recruiting & retention perk
// frequently asked

Asked by employers here.

Who has to comply with CalSavers?

You must take part if your business has at least one employee in California and you do not offer a qualified retirement plan, such as a 401(k) or SIMPLE IRA. The section above explains exactly how California counts your employees.

When do I have to register for CalSavers?

Every announced CalSavers deadline has passed. If you have not registered or certified an exemption, do it now.

What is the penalty for not complying with CalSavers?

Fines rise the longer you stay out of compliance, reaching $500 per employee per year at the top tier. California is already sending penalty notices.

How do I get exempt from CalSavers?

Offer your own qualified retirement plan and certify it with CalSavers. What counts in California: a DB plan, 401(k), SEP, SIMPLE or auto-enrollment payroll IRA — but the exemption form must be filed by December 31.

CalSavers or a 401(k): which is better for my business?

CalSavers spares you from running a plan, but it allows no employer match and caps each saver at the IRA limit ($7,500 for 2026). A 401(k) allows up to $24,500 per employee for 2026, lets you add a match, and credits can offset much of the startup cost for eligible employers.

// local guides

California guides by city.

Find out where you stand, before the state does.

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