New York Employers: Secure Choice Compliance
Many small businesses want to help employees save for retirement, but struggle with the cost or administrative burden of offering a traditional retirement plan. New York State has introduced a new solution designed to address that gap: the New York Secure Choice Savings Program.
As the program rolls out in 2026, employers across the state will need to determine whether they must participate or certify an exemption. Understanding how the program works and what deadlines apply can help avoid last-minute compliance issues.
What the New York Secure Choice Program Is
The Program is a state-facilitated retirement savings program created for private-sector employees who do not have access to a workplace retirement plan. Through the program, employees can save for retirement through automatic payroll deductions into a Roth Individual Retirement Account (IRA).
Employees are automatically enrolled but can opt out or change their contribution amount at any time. The default contribution rate is 3% of pay, and contributions are made with after-tax dollars because the program uses Roth IRA accounts.
The goal is to expand access to retirement plans for workers who might otherwise have no opportunity to save through payroll deductions. Lawmakers estimate millions of workers lack access to employer-sponsored retirement plans, particularly in small businesses.
Which Employers Are Required to Participate
The program applies to private-sector employers in New York that meet three criteria. The business:
Has 10 or more employees in New York,
Has been operating for at least two years, and
Does not already offer a qualified retirement plan.
Qualified plans include options such as:
401(k) plans
SIMPLE IRA plans
SEP IRA plans
403(b) or other eligible retirement arrangements
Employers that already offer one of these plans are not required to participate, but they must certify their exemption through the program’s portal.
Key Registration Deadlines for 2026
New York is implementing Secure Choice in phases based on company size. Employers must register for the program or certify their exemption by the following deadlines:
March 18, 2026 – Employers with 30 or more employees
May 15, 2026 – Employers with 15 to 29 employees
July 15, 2026 – Employers with 10 to 14 employees
To complete registration or exemption, please follow these steps:
(1) Watch for your Secure Choice notification
New York State is issuing letters and emails to covered employers with a unique Access Code and instructions.
Confirm that this notice is routed to the appropriate contact (HR, payroll, or finance).
(2) Go to the official employer portal
Visit the New York Secure Choice employer website at the address provided in your notice (for example, via securechoice.ny.gov, then selecting the employer portal).
Select “Register” (or “Certify Exemption” if you already offer a qualified plan)
Even if a business already offers a retirement plan, it may still need to log into the portal and confirm its exemption.
How the Program Works for Employers
Secure Choice is designed to be relatively simple for employers to administer. Employers are not responsible for managing investments or advising employees on retirement decisions. Instead, their role is primarily administrative.
Employer responsibilities typically include:
Registering for the program or certifying an exemption
Uploading employee information into the Secure Choice portal
Providing required program notices to employees
Withholding payroll deductions for participating employees
Remitting contributions to the program
The retirement accounts themselves belong to employees, not the employer. This means accounts stay with workers even if they change jobs.
Importantly, employers cannot contribute to employee accounts under the Secure Choice program. They only facilitate payroll deductions.
Why the Program Matters
From a policy perspective, Secure Choice aims to address the growing retirement savings gap among workers without employer-sponsored plans. Many employees in smaller businesses lack access to workplace retirement savings options.
For employers, the program provides a way to offer retirement access without the complexity or cost of establishing a traditional retirement plan. However, businesses may still want to evaluate whether offering their own retirement plan could provide additional benefits, such as higher contribution limits or employer matching.
Steps Employers Should Take Now
Businesses in New York should begin reviewing their situation before their registration deadline arrives.
Helpful steps include:
Confirm employee counts to determine the correct compliance deadline.
Review existing retirement plans to see if your business qualifies for an exemption.
Coordinate with payroll providers to ensure systems can support payroll deductions.
Monitor state communications regarding registration and employee notices.
Preparing early can help avoid administrative issues as the program becomes mandatory for eligible employers
A Major Change for Employers
The New York Secure Choice Savings Program represents a major change for employers that have never offered retirement benefits. While the program is designed to be simple, it still introduces new administrative requirements and deadlines.
Employers who understand the rules early can make informed decisions about whether to participate in Secure Choice or implement their own retirement plan. Either way, planning will make the transition much smoother.
If you have questions about how Secure Choice affects your business or want to review your retirement plan options, speaking with us can help clarify the best path forward.