Delaware EARNS requires employers with 5+ employees to offer retirement savings. Enforcement is expected in 2025-2026. Wilmington-area employers should act now.
Get Your Free Delaware Compliance Audit →Delaware EARNS is Delaware's state-mandated retirement savings program. Delaware EARNS requires employers with 5+ employees to offer retirement savings. Enforcement is expected in 2025-2026. Wilmington-area employers should act now.
Employers who already offer a qualifying private retirement plan — such as a 401(k), SEP IRA, or SIMPLE IRA — are exempt from Delaware EARNS requirements.
Learn more at the official state portal: https://www.earnsdelaware.com
Option 1 — Enroll in Delaware EARNS: Register through the state portal and facilitate payroll deductions. This fulfills the mandate but doesn't maximize tax savings.
Option 2 — Set up a private plan (recommended): A qualifying 401(k), SEP IRA, or SIMPLE IRA exempts you from the mandate AND qualifies you for up to $15,000 in SECURE 2.0 Act tax credits over 3 years.
Key difference: A private plan belongs to your company. CalSavers/state plans do not. Private plans also attract and retain better employees.
The SECURE 2.0 Act (2023) gives small business owners massive tax credits for starting a retirement plan:
✅ Up to $5,000/year for 3 years for plan startup costs
✅ $1,000 per employee/year for employer contributions (up to 50 employees)
For many Delaware small businesses, this makes a private 401(k) free or nearly free — while exempting you from Delaware EARNS requirements entirely.
EARNS is Delaware's state-mandated retirement savings program for employers with 5+ employees.
Enforcement is expected in 2025-2026. Employers should begin evaluating options now.
Offer a qualifying retirement plan. SECURE 2.0 Act credits can offset up to $5,000/year in startup costs.
Find out exactly what Delaware EARNS means for your business — and whether a private plan saves you more money than enrolling in the state program.
Book Your Free 15-Minute Audit →