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UPDATED SEPTEMBER 2026 · STATUTE-VERIFIED

New York Retirement Mandate: New York Secure Choice

NY Secure Choice has been live since October 2025. It applies to New York employers with 10+ employees that do not offer a qualifying retirement plan. Penalty: No penalty published. Already passed: 30+ employees (2026-03-18); 15–29 employees (2026-05-15); 10–14 employees (2026-07-15) — unregistered employers should register or certify an exemption now..

NY Secure ChoiceACTIVE
State program
10+ employees
Employee threshold
No penalty published
Non-compliance penalty
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What does New York actually require?

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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 has not published a non-compliance penalty; the statute contains none. Registration or exemption certification is still required.

Deadlines

Already passed: 30+ employees (2026-03-18); 15–29 employees (2026-05-15); 10–14 employees (2026-07-15) — unregistered employers should register or certify an exemption now.

Source

N.Y. Gen. Bus. Law §§1300–1316 · Official program: securechoice.ny.gov · Verified 2026-09-17.

// 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 NY Secure Choice?

NY Secure Choice is New York's state-facilitated retirement savings program. It has been live since October 2025. Program: https://securechoice.ny.gov.

Who must comply with NY Secure Choice?

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.

What is the NY Secure Choice penalty?

New York has not published a non-compliance penalty; the statute contains none. Registration or exemption certification is still required.

When are the NY Secure Choice deadlines?

Already passed: 30+ employees (2026-03-18); 15–29 employees (2026-05-15); 10–14 employees (2026-07-15) — unregistered employers should register or certify an exemption now.

How do New York employers become exempt?

Exempt with 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. A private 401(k) or SIMPLE IRA satisfies the mandate and may qualify for SECURE 2.0 startup credits.

Find out where you stand — before the state does.

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