NY Secure Choice Deadline March 18: Register or Certify Exemption

New York's mandatory Secure Choice retirement plan requires employers with 30 or more employees to register by March 18, 2026—just 39 days away. This state-sponsored auto-IRA program applies to all private-sector employers with 10+ New York-based employees who have been in business for at least two years, creating immediate compliance obligations for Nassau and Suffolk County businesses that don't currently offer qualified retirement plans.

March 18 Deadline Applies to Large Employers First

New York's phased implementation schedule prioritizes larger employers, with businesses employing 30 or more New York-based workers facing the immediate March 18 registration deadline. According to legal analysis from Goldberg Segalla, employers with 15-29 employees have until May 15, 2026, while those with 10-14 employees must comply by July 15, 2026.

The registration requirement applies regardless of whether you plan to participate in the program. Employers who already offer qualified retirement plans—401(k), 403(b), SIMPLE IRA, or SEP-IRA—are exempt from participation but must still certify their exemption through the state portal by their applicable deadline. This certification process requires documentation of your existing plan and confirmation that it meets federal qualification requirements.

For Long Island businesses managing comprehensive benefits strategy including retirement plan options and qualified plan requirements, understanding the exemption process becomes critical for avoiding unnecessary administrative burden while maintaining compliance with state mandates.

The program operates as a state-sponsored Roth IRA system with automatic enrollment at a 3% contribution rate. Employees can opt out or adjust their contribution levels, but the default enrollment creates immediate payroll obligations for participating employers. The 30-day notice period after enrollment provides a buffer before payroll deductions begin, but employers must prepare systems and procedures well in advance.

Exemption Certification for Existing Plan Sponsors

Employers who currently offer qualified retirement plans must certify their exemption through the Secure Choice portal even though they won't participate in the program. This certification process requires providing plan documentation, employee count verification, and confirmation that your existing plan meets federal qualification standards.

The exemption applies broadly to established retirement plan types. Traditional 401(k) plans, 403(b) plans for non-profit organizations, SIMPLE IRAs for smaller employers, and SEP-IRAs for self-employed individuals and small businesses all qualify for exemption. However, non-qualified deferred compensation plans, informal savings programs, or employer-sponsored financial wellness initiatives typically don't meet the exemption criteria.

Professional service firms, medical practices, and small manufacturers across Nassau and Suffolk Counties who sponsor 401(k) plans must still complete the certification process by March 18 if they employ 30 or more New York-based workers. Failure to certify exemption can trigger enforcement action even when employers legitimately qualify for exclusion from the program.

The certification process requires accessing the state portal at securechoiceny.org using an access code provided via letter or email from the New York Department of Financial Services. Employers who haven't received access codes should contact the program administrator immediately to avoid missing the deadline.

Registration Process for Non-Exempt Employers

Employers without qualified retirement plans must register for participation in the Secure Choice program and prepare for employee enrollment and payroll deduction obligations. The registration process requires providing employer information, employee count details, payroll system specifications, and confirmation of your business's operational status in New York for at least two years.

Registration triggers several immediate administrative obligations. Employers must update payroll systems to handle 3% default contribution deductions, prepare employee communications explaining the program and opt-out procedures, and establish record-keeping systems for tracking enrollment status and contribution remittances.

The program's automatic enrollment feature means eligible employees are enrolled by default unless they actively opt out. Employers must provide required notices and allow the 30-day notice period before beginning payroll deductions. This timeline requires advance planning to ensure proper employee communications and system updates are completed before enrollment begins.

For businesses developing comprehensive retirement plan administration, compliance tracking, and regulatory reporting requirements, understanding the Secure Choice administrative obligations helps evaluate whether implementing a qualified plan might be more beneficial than participating in the state program.

Enforcement Authority and Compliance Risks

New York has established enforcement authority for Secure Choice compliance, though specific penalty schedules haven't been published yet. According to employment law analysis from Littler, the state can impose penalties for failure to register, failure to enroll eligible employees, or failure to remit required contributions.

The enforcement mechanism operates through the New York Department of Financial Services, which oversees program administration and compliance monitoring. Employers who miss registration deadlines or fail to properly administer the program face potential state enforcement action, including fines and mandatory corrective measures.

Non-compliance exposure extends beyond registration to ongoing operational obligations. Employers who register but fail to properly enroll employees, process payroll deductions, or remit contributions to the state program face continued enforcement risk. The administrative burden requires sustained attention to compliance procedures, not just one-time registration.

Strategic Considerations for Long Island Employers

The March 18 deadline creates a decision point for employers who don't currently offer retirement benefits. Registering for Secure Choice commits you to ongoing administrative obligations including payroll system updates, employee communications, and state reporting requirements. However, implementing a qualified retirement plan before the deadline can provide exemption from these obligations while offering greater control over plan design and investment options.

For businesses considering this alternative, the timeline is compressed. Establishing a 401(k) plan typically requires 4-6 weeks for plan design, document preparation, and system implementation. With 39 days until the deadline, employers interested in this approach must begin immediately to complete implementation and certification before March 18.

The cost comparison varies significantly by employer size and existing administrative capabilities. Secure Choice shifts administrative burden to the state but provides limited control over investment options and plan features. Qualified plans require greater employer involvement but offer more flexibility for plan design, matching contributions, and integration with other benefits.

Action Steps for Nassau and Suffolk County Employers

Determine immediately whether your business employs 30 or more New York-based workers and has operated for at least two years. If covered, identify whether you currently offer a qualified retirement plan that exempts you from participation.

For exempt employers, access the Secure Choice portal at securechoiceny.org and complete exemption certification before March 18. Gather plan documentation and employee count verification to support your certification submission.

For non-exempt employers, register for the Secure Choice program and begin preparing payroll systems, employee communications, and administrative procedures for program implementation. Consider whether establishing a qualified retirement plan before the deadline might better serve your business objectives.

Document your compliance efforts whether registering for participation or certifying exemption. Maintain records of your submission and any correspondence with program administrators to demonstrate good faith compliance efforts.

Benton Oakfield keeps Long Island employers compliant with New York's complex requirements while helping evaluate retirement benefit strategies that support both regulatory obligations and employee retention objectives.

This content is for informational purposes only and does not constitute legal, tax, or benefits advice. Requirements vary based on employer size, location, and plan structure. Information is current as of 2026-02-07. Employers should consult qualified advisors for guidance on their specific circumstances.