RetirePath Virginia has been live since July 2023. It applies to Virginia employers with 5+ employees that do not offer a qualifying retirement plan. Penalty: Up to $200 / employee / yr. Upcoming: 10–24 employees (newly eligible 2026) by 2026-09-30; 5–9 employees and new 25+ employers by 2026-10-30.
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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 2026-07-01); 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.
Upcoming: 10–24 employees (newly eligible 2026) by 2026-09-30; 5–9 employees and new 25+ employers by 2026-10-30. Already passed: Employers eligible before 2026 (25+) (2025-12-31) — unregistered employers should register or certify an exemption now. Newly eligible employers: rolling.
Va. Code §2.2-2744, §2.2-2747(3)(i), §2.2-2751 (2026 Acts cc. 84, 85) · Official program: www.retirepathva.com · Verified 2026-09-17.
RetirePath Virginia is Virginia's state-facilitated retirement savings program. It has been live since July 2023. Program: https://www.retirepathva.com.
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 2026-07-01); 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.
Upcoming: 10–24 employees (newly eligible 2026) by 2026-09-30; 5–9 employees and new 25+ employers by 2026-10-30. Already passed: Employers eligible before 2026 (25+) (2025-12-31) — unregistered employers should register or certify an exemption now. Newly eligible employers: rolling.
Exempt with 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. A private 401(k) or SIMPLE IRA satisfies the mandate and may qualify for SECURE 2.0 startup credits.
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