Delaware Retirement Mandate: Delaware EARNS

Delaware EARNS requires employers with 5+ employees to offer retirement savings. Enforcement is expected in 2025-2026. Wilmington-area employers should act now.

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Delaware EARNSCOMING SOON

State program

5+ employees

Employee threshold

Penalty not yet set

Non-compliance penalty

// 60-second check

What does Delaware actually require?

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

Your state

Number of employees

Informational only — not legal or tax advice.

Annual exposure · Delaware

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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

// frequently asked

Asked by employers here.

What is Delaware EARNS?

EARNS is Delaware's state-mandated retirement savings program for employers with 5+ employees.

When does Delaware EARNS enforcement begin?

Enforcement is expected in 2025-2026. Employers should begin evaluating options now.

How do Delaware businesses avoid EARNS penalties?

Offer a qualifying retirement plan. SECURE 2.0 Act credits can offset up to $5,000/year in startup costs.

Find out where you stand — before the state does.

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

Free 15-minute audit

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