Hotels, motels, restaurants and seasonal businesses in Williamsburg must comply with RetirePath Virginia if they meet the 5+ employees threshold — or offer a qualifying plan. Up to $200 per eligible employee per year.
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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.
Yes, if the business meets the threshold. RetirePath Virginia applies to Virginia employers with 5+ employees that do not offer a qualifying plan. Hotels, motels, B&Bs and restaurants in Williamsburg follow the same rules as any other employer — seasonal operation does not exempt you.
Not automatically. Coverage depends on how Virginia counts employees: 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. Seasonal employers can also satisfy the mandate with a SIMPLE IRA or 401(k), which may exclude employees who work fewer than 1,000 hours a year.
Yes. 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 plan also gives you a real recruiting benefit for seasonal and year-round staff.
Yes. SECURE 2.0 Act tax credits are available to small businesses with fewer than 100 employees that start a new qualifying retirement plan (the full startup credit applies at 50 or fewer employees; it phases down from 51–100). Credits of up to $5,000/year for 3 years, plus up to $1,000 per employee in employer-contribution credits (phasing down over five years), are available regardless of whether your business is seasonal.
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. Penalty: Up to $200 per eligible employee per year. The penalty is in force; no public record of assessments yet. Contact Kandelaki Solutions for a free compliance audit.
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