Tag: Secure Choice

New York Secure Choice - Man holding coffee on beach looking at sunrise

New York Secure Choice: Key 2026 Deadlines for Employers

New York Secure Choice, the state-facilitated Roth IRA program, officially launched on October 8, 2025. Covered employers face 2026 registration deadlines and new, ongoing payroll and notice obligations. Below is what New York employers need to know now, with the latest official dates and practical guidance.

The New York Secure Choice program only applies to private employers and their employees. Existing state retirement systems remain in place for the public (government) sector. New York joins more than a dozen states now mandating access to payroll-based savings plans in private employment.

Who’s Covered by New York Secure Choice

An employer is covered if it:

  • Has at all times during the previous calendar year employed at least 10 employees in New York;

  • Has been in business at least two years; and

  • Does not offer a qualified retirement plan (such as a 401(k), 403(b), SEP, SIMPLE, or 457(b)).

Employers meeting these criteria must register through the Secure Choice portal. However, those who meet the first two criteria, but already sponsor a qualified plan, must still log in to certify their exemption. Others may still choose to certify exemption (based on size or duration of business) to avoid complications.

At this point, it does not appear that otherwise exempt employers can voluntarily participate in Secure Choice.

Employees are eligible for the program if they are 18 or older and work for a covered employer in New York.

Effective Dates: Staggered 2026 Registration Deadlines

New York Secure Choice has published employer registration deadlines based on employer size:

  • 30 or more employees: March 18, 2026

  • 15–29 employees: May 15, 2026

  • 10–14 employees: July 15, 2026

Employers will receive notice as their deadline approaches, but registration is open now.

Infographic showing New York Secure Choice employer registration deadlines: 30+ employees—March 18 2026; 15–29 employees—May 15 2026; 10–14 employees—July 15 2026.

What the Program Is (and Isn’t)

The Secure Choice program is a state-sponsored, automatic-enrollment payroll-deduction Roth IRA program. It is not an ERISA plan. Employees are automatically enrolled unless they opt out, and each account is an individual Roth IRA owned by the employee, not the employer.

By default, contributions start at 3% of pay. Funds are initially placed in a principal protection option for approximately 30 days. Then they are transferred to an age-based target-date fund, unless the saver chooses otherwise. Employees can elect to automatically increase their contribution by 1% each year, up to a maximum of 10%. Participation is voluntary, and employees may opt out at any time.

Employers cannot make matching or other contributions to the Secure Choice IRAs. They may only deduct and remit from an employee’s earned wages.

As an IRA, employees maintain the same Secure Choice retirement account when they change jobs.

Employer Duties Once You’re in the New York Secure Choice Program

Once registered, employers must:

  1. Upload employee information to the Secure Choice portal.

  2. Allow the program to notify employees, who have a 30-day window to opt out or adjust their settings.

  3. Begin payroll deductions after that opt-out window closes.

  4. Remit employee contributions each pay period.

Employers must submit all employee contributions by the last day of the month following the month in which the corresponding wages were paid. Nonetheless, employers have no fiduciary responsibility for investments or plan management. Vestwell will administer the program, and The Bank of New York Mellon serves as custodian.

Exemptions and Existing Plans

Employers that already offer a qualified retirement plan are exempt from Secure Choice requirements but must certify their exemption through the portal. Certification helps the State track compliance and avoid unnecessary reminders or enforcement actions.

Enforcement and Penalties

The State has the authority to establish penalties for employers that do not register or remit contributions. As of now, however, no penalty schedule has been published. Enforcement guidance is expected closer to the 2026 registration deadlines.

Accordingly, you should monitor program updates in 2025 for the release of final enforcement procedures.

Practical Steps for Employers

1. Confirm coverage and timing.
Determine your employee count and identify which 2026 deadline applies to your business. Some companies will be close to the thresholds and need to carefully analyze their coverage status.

2. Decide whether to register or certify an exemption.
If you already sponsor a retirement plan, log in to the portal and certify your exemption. If not, register and prepare your payroll system for deductions.

3. Prepare for the 30-day employee opt-out window.
After you upload employees, the program will notify them directly. Payroll deductions begin only after this period expires.

4. Coordinate with your payroll provider.
Ensure your payroll system can support Secure Choice deductions and remittances.

5. Train HR and payroll staff.
They should understand the employer’s limited role—facilitating payroll deductions and data maintenance only. Employers may not provide investment or tax advice.

Why New York Secure Choice Matters

Secure Choice shifts the default for New York employers that don’t sponsor a plan. If you’re covered, you must either implement your own qualified plan or register with the State program on the applicable 2026 timeline. Taking proactive steps now will help you avoid last-minute compliance issues and ensure a smooth rollout when your registration window opens.

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