Minnesota Secure Choice: does your business have to register, and by when?
If your Minnesota business has five or more covered employees and no retirement plan, the state requires you to register with Minnesota Secure Choice or offer your own plan.
The next deadline is December 31, 2026, for employers with 50 to 99 employees. The last listed is June 30, 2028, for employers with 5 to 9 employees.
Deadlines go by size, largest employers first. If you already offer a 401(k), you certify an exemption instead.
Who has to do this?
Under the Minnesota Secure Choice law (Minnesota Statutes chapter 187, as amended in 2026)4, a Minnesota employer is covered when all of these are true:
- You employ five or more covered employees. 4
- You were in business in Minnesota during the previous 12 months. 4
- You don't sponsor or contribute to a retirement plan, and didn't in the previous 12 months. 4
What a covered employer does: Register with Minnesota Secure Choice by the end of your enrollment phase, enroll covered employees and withhold their payroll contributions, or certify an exemption. 1
When?
The next deadline is December 31, 2026, for employers with 50 to 99 employees.
| Who | Deadline | What is due |
|---|---|---|
| Employers with 100 or more employees | June 30, 2026Passed | Register or certify an exemption 1 |
| Employers with 50 to 99 employees | December 31, 2026 | Register or certify an exemption 1 |
| Employers with 25 to 49 employees | June 30, 2027 | Register or certify an exemption 1 |
| Employers with 10 to 24 employees | December 31, 2027 | Register or certify an exemption 1 |
| Employers with 5 to 9 employees | June 30, 2028 | Register or certify an exemption 1 |
Under a 2026 change to the law, an employer that newly becomes covered enrolls in the 21 days starting January 1 of the following year. 5
What is Minnesota Secure Choice?
What if we already have a 401(k)?
Your two options
Either one meets the requirement. The state program column is as the state describes it; which suits you depends on your business and your people.
| Join Minnesota Secure Choice | Offer your own plan | |
|---|---|---|
| What you do | Register with Minnesota Secure Choice by the end of your enrollment phase, enroll covered employees and withhold their payroll contributions, or certify an exemption. 1 | Certify an exemption online with the Access Code from your notice. 1 |
| Where the money goes | A Roth IRA for each employee, by default 3 | Accounts in the plan you choose, such as a 401(k) |
| Employer contributions | Not permitted 2 | Up to you, within the plan's design |
| Fee to the employer | No employer fees, according to the program. 2 | Set by the provider you choose |
What does it cost?
The state program: No employer fees, according to the program. 2
Your own plan: the provider sets the fees, and federal tax credits can cover part of the cost of starting one. See 401(k) tax credits for small businesses and our pricing.
What happens if we don't?
- The first two years of noncompliance bring written warnings. 4
- After that, and after a notice and 30 days to fix it, the board may charge per covered employee: $100 (up to $4,000) at the second anniversary of the end of the employer's enrollment window, $200 (up to $6,000) at the third, $300 at the fourth, and $500 at each later one. 5
General information, not legal advice. Rules change; confirm with the state program or your counsel.
- Minnesota Secure Choice Retirement Board, Program details (employers). Read October 13, 2026.
- Minnesota Secure Choice Retirement Board, Employers. Read October 13, 2026.
- Minnesota Secure Choice Retirement Board, Savers: contributions. Read October 13, 2026.
- Minnesota Office of the Revisor of Statutes, Minnesota Statutes chapter 187. Read October 13, 2026.
- Minnesota Office of the Revisor of Statutes, Laws 2026, chapter 106, article 9, page dated signed May 19, 2026. Read October 13, 2026.
Each statement is paraphrased or quoted from the source it cites. A link to a state agency does not mean the agency endorses alooola. Last verified October 13, 2026.
Get help with Minnesota Secure Choice in three steps
- 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 the state 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.