If your business has 5 or more employees in Virginia and offers no qualified retirement plan, RetirePath Virginia requires you to register or certify an exemption. All announced registration deadlines have passed.
Set your headcount for your real exposure — data verified against the statute.
Informational only, not legal or tax advice.
Get your full breakdown + a private-plan savings estimate:
RetirePath Virginia covers Virginia employers with 5+ employees that do not offer a qualifying retirement plan. Counting rule: Five or more eligible employees (18+, employed, receiving wages — part-time included) for the period ending December 31 of the preceding calendar year. The former two-year operating requirement was struck by 2026 Acts ch. 84 (effective July 1, 2026); the program site still lists it — confirm with RetirePath before relying on it.
Up to $200 per eligible employee per year. The penalty is in force; no public record of assessments yet.
If your group's date has passed and you have not registered, register or certify an exemption now.
Va. Code §2.2-2744, §2.2-2747(3)(i), §2.2-2751 (2026 Acts cc. 84, 85). Official program: RetirePath Virginia official site. Verified September 17, 2026.
You must take part if your business has 5 or more employees in Virginia and you do not offer a qualified retirement plan, such as a 401(k) or SIMPLE IRA. The section above explains exactly how Virginia counts your employees.
Every announced RetirePath Virginia deadline has passed. If you have not registered or certified an exemption, do it now.
You could owe up to $200 a year for each eligible employee. No assessments have been made public so far.
Offer your own qualified retirement plan and certify it with RetirePath Virginia. What counts in Virginia: a qualified employer-sponsored plan (401(a)/401(k), 403(a)/403(b), SEP (408(k)), SIMPLE (408(p))); a payroll-deduction auto-IRA no longer exempts; certify with the Access Code.
RetirePath Virginia 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.