Important Deadlines for the NY Secure Choice Savings Program
Written by Rick Fish, Jr., C.P.P.
New York state law now requires most private-sector employers to provide their teams with retirement benefits. Under the New York Secure Choice Savings Program (NYSCSP), businesses that do not already offer a qualified retirement plan must facilitate this state-run program for their employees.
If you had 10 or more employees in the previous calendar year and have been in business for at least two years, you are generally required to participate. The program is designed to increase retirement participation for workers who historically haven't had access to a plan at work. While the mandate is state law, it is important to understand that your specific registration deadline depends entirely on the size of your workforce.
Essential Compliance Deadlines for 2026
The state has established a tiered rollout for registration. Every eligible employer must register by the following 2026 deadlines based on their employee count:
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30 or more employees: March 18, 2026
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15 to 29 employees: May 15, 2026
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10 to 14 employees: July 15, 2026
If your business already offers a qualified retirement plan, or if you do not meet the minimum employee threshold, you are not off the hook entirely. You must still visit the state’s website to certify your exemption.
Defining a Qualified Retirement Plan
Many business owners ask what counts as an existing "qualified" plan that would exempt them from the state program. According to the mandate, the following plans meet the requirement:
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401(a) – Including a standard 401(k)
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403(a) or 403(b) – Qualified or tax-sheltered annuity plans
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408(k) – Simplified Employee Pension (SEP) plan
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408(p) – SIMPLE IRA plan
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457(b) – Governmental deferred compensation plan
If you have offered any of these plans within the last two years, you are exempt from facilitating the NYSCSP, but must certify that exemption.
How the State Program Works
The New York Secure Choice Savings Program is structured as a Roth IRA. This means contributions are made on a post-tax basis. While there are no direct fees for employers to facilitate the program, management is responsible for several administrative tasks, including communicating the program to staff, remitting census data, and facilitating payroll deductions.
Employee participation is handled through automated enrollment. Once enrolled, employees have a 30-day window to either opt out or customize their contribution levels. To be eligible, an employee must be at least 18 years old, earn taxable wages in New York, and have a verifiable Social Security Number or ITIN.
Comparing the State Program to Private Alternatives
While the state-run Roth IRA is a baseline option, employers are not required to use it. You may instead choose to offer a private qualified plan, such as a 401(k), to meet the mandate. There are several key differences to consider when deciding which path is right for your business:
Feature |
NYSCSP (State Program) |
Private 401(k) |
| Contribution Limit (2025) |
$7,000 per year |
Up to $23,500 per year |
| Employer Matching |
Strictly Prohibited |
Allowed and encouraged |
| Tax Structure |
Post-tax only |
Pre-tax and post-tax options |
| Administrative Cost |
No direct fees; "pay with time" |
Monthly provider fees; automated |
A private 401(k) often provides higher contribution limits and more flexibility for both the employer and the employee, though it does come with direct service fees.
Important Operational Guidelines
For managers facilitating the state program, there are strict rules regarding communication. Most importantly, employers must not provide investment advice to their employees. If a staff member has questions about where their money is being invested or which options to choose, they should be referred directly to the program website or a professional financial advisor.
Additionally, because NYSCSP contributions are handled as payroll deduction IRAs, they do not need to be reported on employee W2's. This simplifies the year-end reporting process for your HR or payroll department.
Getting Help with Compliance
The shift to mandatory retirement benefits is a significant change for New York's small business community. Whether you choose to facilitate the state-run program or implement a private plan, the goal remains the same: helping your team build a more secure financial future.
If you have questions regarding the registration process or need assistance with payroll integrations to handle these deductions, support is available. The state provides assistance via phone at (833) 369-1392, and services are available in both English and Spanish.
Let Complete Payroll Help 
Complete Payroll has strong relationships with a wide network of partners such as Human Interest and 401GO, among others, who can help your organization decide on a private option. And, if you prefer to take advantage of NY State's Secure Choice Savings Program, we offer a full 360 integration to help with that as well.
