Does my state require me to offer a 401(k)?

Seventeen states have a law that requires many private employers to offer a retirement plan or sign up for a state-run program. None requires a 401(k) specifically.

See every state

Where every state stands

  • Has a requirement
  • No requirement

All 50 states and DC

  • 17Require many employers to act
  • 4Bills under consideration
  • 4Voluntary state programs
  • 26No requirement found

The usual rule: if you have more than a set number of employees and no retirement plan, you register with the state program and send your employees' payroll deductions to it. If you already offer a qualified plan, such as a 401(k), you are usually exempt, and in most of these states you tell the program so.

Pick a state on the map for its report.

The seventeen states with a requirement

Soonest deadline first, then programs not open yet, then states already in force. Each state's page has who is covered, every deadline, the exemption and its sources.

StateProgramWho is coveredDeadline
Deadlines coming up 9
Rhode IslandRISavers5 or more employees, no qualifying planOct 15, 2026Employers with more than 100 eligible employeesThen Oct 15, 2027 and 1 more
VirginiaRetirePath Virginia5 or more eligible employees, no qualified planOct 30, 2026Newly eligible in 2026, 5 to 9 or 25 or more employees
IllinoisMy Illinois Savings5 or more employees, 2 years in business, no qualified planNov 1, 2026Businesses newly notified in 2026
New YorkNew York Secure Choice10 or more employees, 2 years in business, no qualified planNov 18, 2026Newly eligible employers
New JerseyRetireReady NJ10 or more employees, 2 years in business, no qualified planDec 1, 2026Employers with 20 to 24 employeesThen Feb 17, 2027
CaliforniaCalSavers1 or more employees, no qualified planDec 31, 2026Employers newly required to join in 2026
MarylandMarylandSaves1 or more employees, 2 years in business, automated payroll, no qualified planDec 31, 2026Newly eligible businesses
MinnesotaMinnesota Secure Choice5 or more covered employees, no planDec 31, 2026Employers with 50 to 99 employeesThen Jun 30, 2027 and 2 more
OregonOregonSavesAny employer with W-2 employees, no qualified planJul 31, 2027Businesses set up from April 1, 2026 to March 31, 2027
Not open yet 2
HawaiiHawaii Retirement Savings Program1 or more employees, no qualifying plan in 2 yearsNot open yetLaunch projected late December 2026
WashingtonWashington Saves2 years in business, about 10,400 staff hours a year, no qualified planNot open yetOpens by July 1, 2027; no deadline adopted
In force 6
ConnecticutMyCTSavings5 or more employees, no qualified planAug 31, 2026Last deadline: businesses newly eligible in 2026In force since Aug 31, 2023Recent
DelawareDelaware EARNS5 or more employees, 6 months in business, no qualified planJun 30, 2026Last deadline: businesses newly eligible in 2026In force since Oct 15, 2024Recent
MaineMERIT5 or more employees, no qualified planJun 30, 2026Last deadline: newly eligible employers notified in 2026In force since Apr 30, 2024Recent
NevadaNevada Employee Savings TrustMore than 5 employees, 3 years in business, no planJun 30, 2026Last deadline: newly eligible employers (2026 wave)In force since Sep 1, 2025Recent
VermontVermont Saves2 or more employees, no qualified planJun 30, 2026Last deadline: newly eligible employersIn force since Mar 1, 2025Recent
ColoradoColorado SecureSavings5 or more employees, 2 years in business, no qualified planMay 15, 2026Last deadline: new businesses (2026 wave)In force since May 15 and June 30, 2023

Bills under consideration

No employer in these places has to act yet. Each line says where the bill stands.

  • District of ColumbiaA bill to create a DC retirement program that employers with five or more employees would have to offer (B26-0230) was introduced on April 21, 2025 and is still under Council review. No employer has to act yet. B26-0230As of October 13, 2026.
  • MassachusettsThe House passed a state program for employers with 25 or more employees on July 8, 2026, inside a larger bill (H.5576). The Senate version leaves it out, and it is not law. No employer has to act yet. H.5576As of October 13, 2026.
  • MichiganA bill to create a state program (SB 807) passed the Senate on June 17, 2026 and is in a House committee. No employer has to act yet. SB 807 of 2026As of October 13, 2026.
  • PennsylvaniaA bill to create a state program (HB 1263) passed the House on May 13, 2025 and has been in a Senate committee since May 22, 2025. No employer has to act yet. HB 1263As of October 13, 2026.

Voluntary state programs

Programs that exist or are proposed for employers who choose to join. No employer is required to.

  • MississippiMississippi Work and Save became law in 2026 (HB 4073). Joining is optional for employers, and the state must open it by August 1, 2028. HB 4073 (2026), as signedAs of October 13, 2026.
  • MissouriThe Show-Me MyRetirement Savings Plan is an optional state plan for employers with 50 or fewer employees (RSMo 285.1000 to 285.1055). No employer has to join. RSMo 285.1015As of October 13, 2026.
  • North CarolinaBills to create an optional state program (H79 and S110) are in committee and have not passed either chamber. No employer has to act. House Bill 79As of October 13, 2026.
  • UtahThe Utah Retirement Plan Exchange, a state website where employers can compare private plans, became law in 2026 and must be operating by January 1, 2027. Using it is optional. H.B. 250 (2026), enrolled textAs of October 13, 2026.

No requirement found

In these states no law requiring private employers to offer a plan or join a state program was found. That reflects a search of state laws and programs, not a legal opinion, so check with your state if you are unsure.

No requirement found as of October 12, 2026.

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Florida
  • Georgia
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Montana
  • Nebraska
  • New Hampshire
  • New Mexico
  • North Dakota
  • Ohio
  • Oklahoma
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • West Virginia
  • Wisconsin
  • Wyoming

General information, not legal advice. Rules change; confirm with the state program or your counsel. Dates and thresholds come from each state's own program page or statute, linked on its page. Cities and counties are not covered here.

Not sure where you stand?

  1. Tell us about your business: your state, how many people work for you, and any plan you have now.
  2. An advisor talks it through with you and sends a written proposal with the fees, so you can weigh it against your state's program.
  3. If you choose your own plan, we coordinate the setup with you and your payroll provider. You then certify your exemption with the state.
Request a proposal

Prefer to talk? Call (484) 275-5525, Monday–Friday, 9am–5pm ET.