New York Secure Choice: does your business have to register, and by when?
If your New York business had at least 10 employees throughout last year, has been in business for at least two years, and has offered no qualified retirement plan in the past two years, the state requires you to register with New York Secure Choice.
The next deadline is November 18, 2026, for newly eligible employers.
Deadlines went by size, and newly eligible employers have their own date. If you already offer a 401(k), you certify an exemption instead.
Who has to do this?
Under New York's Secure Choice Savings Program law (General Business Law, Article 43)5, a New York employer is covered when all of these are true:
- You employed at least 10 employees in New York at all times during the previous calendar year. 5
- You have been in business for at least two years. 5
- You have not offered a qualified retirement plan in the previous two years. 5
What a covered employer does: Register with New York Secure Choice and set up payroll deductions for employees who don't opt out, or certify an exemption. 1
When?
The next deadline is November 18, 2026, for newly eligible employers.
| Who | Deadline | What is due |
|---|---|---|
| Employers with 30 or more employees | March 18, 2026Passed | Register or certify an exemption 2 |
| Employers with 15 to 29 employees | May 15, 2026Passed | Register or certify an exemption 2 |
| Employers with 10 to 14 employees | July 15, 2026Passed | Register or certify an exemption 2 |
| Newly eligible employers | November 18, 2026 | Register or certify an exemption 1 |
The program tells each employer its deadline by email or letter, with an Access Code. No fixed yearly date for later employers is published. 1
What is New York Secure Choice?
What if we already have a 401(k)?
- An employer that has offered a qualified retirement plan, such as a 401(k), 403(b), SEP or SIMPLE IRA, in the previous two years is not covered and can certify its exemption. 4
- Certify online with your EIN and the Access Code from the program's notice. The certification holds while you still qualify. 1
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 New York Secure Choice | Offer your own plan | |
|---|---|---|
| What you do | Register with New York Secure Choice and set up payroll deductions for employees who don't opt out, or certify an exemption. 1 | Certify an exemption online with your EIN and the Access Code from your notice. 1 |
| Where the money goes | A Roth IRA for each employee 4 | Accounts in the plan you choose, such as a 401(k) |
| Employer contributions | Not permitted 3 | Up to you, within the plan's design |
| Fee to the employer | No cost to employers, according to the program. 3 | Set by the provider you choose |
What does it cost?
The state program: No cost to employers, according to the program. 3
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 program and statute pages read for this page do not state a penalty amount.
General information, not legal advice. Rules change; confirm with the state program or your counsel.
- New York Secure Choice Savings Program Board, New York Secure Choice, Program details (employers). Read October 13, 2026.
- New York Secure Choice Savings Program Board, New York Secure Choice, Program details (employers), copy of March 11, 2026 kept by the Internet Archive, page dated March 11, 2026. Read October 13, 2026.
- New York Secure Choice Savings Program Board, New York Secure Choice, Employers. Read October 13, 2026.
- New York Secure Choice Savings Program Board, Policies and procedures, page dated September 2026. Read October 13, 2026.
- New York State Senate, General Business Law, Article 43. 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 New York 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.