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UPDATED OCTOBER 2026 · STATUTE-VERIFIED

NY Secure Choice: New York Retirement Mandate for Employers

If your business has 10 or more employees in New York, has been in business at least 2 years, and offers no qualified retirement plan, NY Secure Choice requires you to register or certify an exemption. All announced registration deadlines have passed.

NY Secure ChoiceACTIVE
State program
10+ employees
Employee threshold
No penalty published
Non-compliance penalty
// 60-second check

What does New York actually require?

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

Informational only, not legal or tax advice.

Annual exposure · New York
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// verified to the statute

NY Secure Choice at a glance.

Who is covered

NY Secure Choice covers New York employers with 10+ employees that do not offer a qualifying retirement plan. Counting rule: At least 10 New York employees at all times during the previous calendar year (GBL §1300). Applies to employers in business for 2+ years.

Penalty and enforcement

New York's statute contains no employer penalty. Registration or exemption certification is still required.

Deadlines

  • Passed: 30+ employees, March 18, 2026
  • Passed: 15–29 employees, May 15, 2026
  • Passed: 10–14 employees, July 15, 2026

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

Source

N.Y. Gen. Bus. Law §§1300–1316. Official program: NY Secure Choice 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 NY Secure Choice?

You must take part if your business has 10 or more employees in New York and you do not offer a qualified retirement plan, such as a 401(k) or SIMPLE IRA. Businesses open fewer than 2 years are not covered yet. The section above explains exactly how New York counts your employees.

When do I have to register for NY Secure Choice?

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

Is there a penalty for ignoring NY Secure Choice?

New York's law sets no employer penalty, but registering or certifying an exemption is still required.

How do I get exempt from NY Secure Choice?

Offer your own qualified retirement plan and certify it with NY Secure Choice. What counts in New York: a plan under 401(a)/401(k), 403(a)/403(b), SEP (408(k)), SIMPLE (408(p)) or 457(b); certify the exemption on the program site.

NY Secure Choice or a 401(k): which is better for my business?

NY Secure Choice 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

New York guides by city.

Find out where you stand, before the state does.

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