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UPDATED OCTOBER 2026 · STATUTE-VERIFIED

MERIT: Maine Retirement Mandate for Employers

If your business has 5 or more employees in Maine, has been in business at least 2 years, and offers no qualified retirement plan, MERIT requires you to register or certify an exemption. All announced registration deadlines have passed.

MERITENFORCING
State program
5+ employees
Employee threshold
Up to $100 / employee / yr (escalating)
Non-compliance penalty
// 60-second check

What does Maine actually require?

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

Informational only, not legal or tax advice.

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

// verified to the statute

MERIT at a glance.

Who is covered

MERIT covers Maine employers with 5+ employees that do not offer a qualifying retirement plan. Counting rule: Headcount as of the date the employer certifies an exemption or onboards (MRSB Rule Ch. 101); penalties use Maine DOL employee counts. Must have been in business during both the current and the preceding calendar year.

Penalty and enforcement

Escalating: July 1, 2025 to June 30, 2026: $20 per employee; July 1, 2026 to June 30, 2027: $50 per employee; on/after July 1, 2027: $100 per employee. Penalties are being assessed now.

Deadlines

  • Passed: All employers notified through 2026, June 30, 2026

Newly eligible employers: June 30 of the notice year.

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

Source

5 M.R.S. §171, §173(3), §173(4)(A); MRSB Rule Ch. 101. Official program: MERIT 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 MERIT?

You must take part if your business has 5 or more employees in Maine and you do not offer a qualified retirement plan, such as a 401(k) or SIMPLE IRA. The section above explains exactly how Maine counts your employees.

When do I have to register for MERIT?

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

What is the penalty for not complying with MERIT?

Fines rise the longer you stay out of compliance, reaching $100 per employee per year at the top tier. Maine is already sending penalty notices.

How do I get exempt from MERIT?

Offer your own qualified retirement plan and certify it with MERIT. What counts in Maine: a plan under 401(a)/401(k), 403(a)/403(b), SEP (408(k)), SIMPLE (408(p)) or 457(b) was offered in the current or two preceding years; certification required.

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

MERIT 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

Maine guides by city.

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.

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