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.
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.
| State | Program | Who is covered | Deadline |
|---|---|---|---|
| Deadlines coming up 9 | |||
| Rhode Island | RISavers | 5 or more employees, no qualifying plan | Oct 15, 2026Employers with more than 100 eligible employeesThen Oct 15, 2027 and 1 more |
| Virginia | RetirePath Virginia | 5 or more eligible employees, no qualified plan | Oct 30, 2026Newly eligible in 2026, 5 to 9 or 25 or more employees |
| Illinois | My Illinois Savings | 5 or more employees, 2 years in business, no qualified plan | Nov 1, 2026Businesses newly notified in 2026 |
| New York | New York Secure Choice | 10 or more employees, 2 years in business, no qualified plan | Nov 18, 2026Newly eligible employers |
| New Jersey | RetireReady NJ | 10 or more employees, 2 years in business, no qualified plan | Dec 1, 2026Employers with 20 to 24 employeesThen Feb 17, 2027 |
| California | CalSavers | 1 or more employees, no qualified plan | Dec 31, 2026Employers newly required to join in 2026 |
| Maryland | MarylandSaves | 1 or more employees, 2 years in business, automated payroll, no qualified plan | Dec 31, 2026Newly eligible businesses |
| Minnesota | Minnesota Secure Choice | 5 or more covered employees, no plan | Dec 31, 2026Employers with 50 to 99 employeesThen Jun 30, 2027 and 2 more |
| Oregon | OregonSaves | Any employer with W-2 employees, no qualified plan | Jul 31, 2027Businesses set up from April 1, 2026 to March 31, 2027 |
| Not open yet 2 | |||
| Hawaii | Hawaii Retirement Savings Program | 1 or more employees, no qualifying plan in 2 years | Not open yetLaunch projected late December 2026 |
| Washington | Washington Saves | 2 years in business, about 10,400 staff hours a year, no qualified plan | Not open yetOpens by July 1, 2027; no deadline adopted |
| In force 6 | |||
| Connecticut | MyCTSavings | 5 or more employees, no qualified plan | Aug 31, 2026Last deadline: businesses newly eligible in 2026In force since Aug 31, 2023Recent |
| Delaware | Delaware EARNS | 5 or more employees, 6 months in business, no qualified plan | Jun 30, 2026Last deadline: businesses newly eligible in 2026In force since Oct 15, 2024Recent |
| Maine | MERIT | 5 or more employees, no qualified plan | Jun 30, 2026Last deadline: newly eligible employers notified in 2026In force since Apr 30, 2024Recent |
| Nevada | Nevada Employee Savings Trust | More than 5 employees, 3 years in business, no plan | Jun 30, 2026Last deadline: newly eligible employers (2026 wave)In force since Sep 1, 2025Recent |
| Vermont | Vermont Saves | 2 or more employees, no qualified plan | Jun 30, 2026Last deadline: newly eligible employersIn force since Mar 1, 2025Recent |
| Colorado | Colorado SecureSavings | 5 or more employees, 2 years in business, no qualified plan | May 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?
- Tell us about your business: your state, how many people work for you, and any plan you have now.
- 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.
- If you choose your own plan, we coordinate the setup with you and your payroll provider. You then certify your exemption with the state.
Prefer to talk? Call (484) 275-5525, Monday–Friday, 9am–5pm ET.