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.
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Informational only, not legal or tax advice.
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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's statute contains no employer penalty. Registration or exemption certification is still required.
If your group's date has passed and you have not registered, register or certify an exemption now.
N.Y. Gen. Bus. Law §§1300–1316. Official program: NY Secure Choice official site. Verified September 17, 2026.
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.
Every announced NY Secure Choice deadline has passed. If you have not registered or certified an exemption, do it now.
New York's law sets no employer penalty, but registering or certifying an exemption is still required.
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 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.
Book a free 15-minute compliance audit. We'll show your exact requirement, your real exposure, and whether your own plan saves you money.