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New York Secure Choice: Overview & Employer Requirements

What Is New York Secure Choice?

New York Secure Choice is a state-sponsored retirement savings program designed for private-sector employees who do not have access to a retirement plan at work. It provides employees with a simple way to save for retirement through Roth IRA accounts funded by payroll deductions.

The program aims to help employees build long-term savings with:

  • Automatic enrollment for eligible employees (employees may opt out at any time)

  • Payroll-deduction contributions

  • Individually owned Roth IRAs (accounts stay with the employee even if they change jobs)

  • No employer fees and no employer contributions required

Employers are not responsible for financial advice, plan administration, or fiduciary duties. Their role is strictly to facilitate payroll deductions and employee data reporting.

Which Employers Are Required to Participate?

An employer is required to register and facilitate New York Secure Choice if they meet all of the following:

  • 10 or more employees in New York

  • No existing qualified retirement plan (e.g., 401(k), 403(b), SIMPLE IRA, SEP IRA)

  • In business for at least two years

The State of New York will contact required employers directly when it is time to register.

Registration Deadlines

Required employers must register by:

  • 30 or more employees: March 18, 2026

  • 15–29 employees: May 15, 2026

  • 10–14 employees: July 15, 2026

After registering, employers must begin enrolling employees and facilitating contributions based on the state’s onboarding timeline.

How the Program Works for Employees

Once the employer is registered:

  • Eligible employees are automatically enrolled at the program’s default contribution rate (the state typically uses a 3–5% default; employees may change their rate).

  • Employees may opt out at any time.

  • All contributions are made to a Roth IRA under the employee’s Social Security number.

  • The account follows the employee if they change jobs.

Employer Responsibilities

Employers are responsible for:

  • Registering by their assigned deadline

  • Adding eligible employees to the program

  • Recording employee opt-outs or contribution changes

  • Deducting employee contributions from payroll

  • Sending contribution information and payroll files to the state program

Employers do not manage investments, accounts, or withdrawals. Those are handled directly by the state’s program administrator.

Managing New York Secure Choice in Empeon

Employers can facilitate Secure Choice through Empeon in two different ways depending on the level of automation they prefer.

Option 1: Self-Managed Through Empeon Reports

Employers can manually upload the required files to the New York Secure Choice online portal.

You will use two standard Empeon reports:

  1. State Retirement Employee Census
    Used to report employee demographic information, new hires, terminations, and opt-outs.

  2. State Retirement Payroll Contributions
    Provides each pay period’s deduction amounts for uploading to the state.

How this works:

  • Generate each report in Empeon

  • Log in to the Secure Choice portal

  • Upload the census and contribution files according to the program’s required schedule

This option is best for employers who prefer manual control over submissions.

Option 2: Managed Through the Empeon 401(k) Integration Service

For employers who want a hands-off, automated process, Empeon can manage data transmissions directly to New York Secure Choice.

How this works:

  1. Complete the Empeon 401(k) Integration Agreement

  2. Empeon sets up the integration with the Secure Choice administrator

  3. Employee status changes, enrollments, opt-outs, and payroll deductions are sent automatically

This option minimizes manual work and reduces the risk of late or missed submissions.

Additional Considerations

  • New hires must be reported to the state by the timelines the program sets (usually within 30 days).

  • Employee address and SSN accuracy is important, as Roth IRAs must be linked to the correct individual.

  • Contribution limits follow IRS Roth IRA limits (e.g., annual maximums), and the state program administrator monitors these (not the employer or Empeon).

  • If you add a qualified retirement plan later, you may request exemption from the state program.