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..
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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.
New York has not published a non-compliance penalty; the statute contains none. Registration or exemption certification is still required.
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.
N.Y. Gen. Bus. Law §§1300–1316 · Official program: securechoice.ny.gov · Verified 2026-09-17.
NY Secure Choice is New York's state-facilitated retirement savings program. It has been live since October 2025. Program: https://securechoice.ny.gov.
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.
New York has not published a non-compliance penalty; the statute contains none. Registration or exemption certification is still required.
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.
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.
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