New York Secure Choice is rolling out in 2026. With 10+ employee threshold, tens of thousands of NYC-area employers will be required to comply. Start planning now.
Get Your Free New York Compliance Audit →New York Secure Choice is New York's state-mandated retirement savings program. New York Secure Choice is rolling out in 2026. With 10+ employee threshold, tens of thousands of NYC-area employers will be required to comply. Start planning now.
Employers who already offer a qualifying private retirement plan — such as a 401(k), SEP IRA, or SIMPLE IRA — are exempt from New York Secure Choice requirements.
Learn more at the official state portal: https://www.nysecurechoice.com
Option 1 — Enroll in New York Secure Choice: 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 New York small businesses, this makes a private 401(k) free or nearly free — while exempting you from New York Secure Choice requirements entirely.
New York Secure Choice is expected to begin enforcement in 2026 for employers with 10+ employees.
Penalty amounts are still being finalized, but other states range from $100-$500 per employee per year.
Set up a qualifying retirement plan before the mandate kicks in. This exempts you AND qualifies you for SECURE 2.0 tax credits of up to $5,000/year.
Find out exactly what New York Secure Choice 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 →