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UPDATED FOR 2026 · STATUTE-VERIFIED

Dover, Delaware Retirement Mandate Compliance Guide

Dover employers with 5+ employees must comply with Delaware EARNS — Delaware's state retirement savings mandate. Enforcement is active. Get compliant now before penalties apply.

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.

Informational only — not legal or tax advice.

Annual exposure · Delaware

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.

Does Delaware EARNS apply to Dover businesses?

Yes. Delaware EARNS applies to all private-sector employers in Delaware with 5+ employees, including businesses in Dover — Delaware's state capital. Government agencies are exempt, but all private businesses meeting the criteria must comply.

Are Dover government contractors subject to Delaware EARNS?

Government agencies are exempt from Delaware EARNS, but private-sector contractors and vendors serving Dover's government entities are subject to the mandate if they have 5+ W-2 employees and have been in business 2+ years.

What is the penalty for non-compliance with Delaware EARNS in Dover?

Delaware EARNS penalties are pending final determination. Delaware has not yet published its penalty schedule; Dover employers should register early to stay ahead of enforcement. Register early to avoid all penalties.

How can Dover small businesses get Delaware EARNS compliant quickly?

The fastest path for most Dover employers is either (1) registering at delawareearns.com and enrolling in the state IRA program, or (2) setting up a qualifying plan (SIMPLE IRA or 401k) and filing a Certificate of Exemption. Kandelaki Solutions offers a free compliance review and handles the entire process.

When is the Delaware EARNS compliance deadline for Dover employers?

Delaware EARNS is currently in active enforcement phase. Dover employers should not wait — penalties are expected once full enforcement begins. Contact Kandelaki Solutions today for a free compliance audit.

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

No obligation · (732) 444-8686
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