On April 22, Andrew Shapiro and John Harras published “New Employee Benefits Developments for New York Employers Opinions” in HR Daily Advisor. The following is an excerpt:
Employers operating in New York face several new employee benefit requirements that require attention. Also, recent developments and litigation trends are increasing compliance and fiduciary risk.
Required for 2026—New York State Law
On October 8, 2025, New York State launched the New York State Secure Choice Savings Program (the “Program”). The Program is designed to expand access to tax-advantaged retirement savings for private sector employees. It covers employers that have operated for at least two years and that had 10 or more employees in New York throughout 2025 (“Covered Employers”). It requires Covered Employers who do not offer a qualified retirement plan to facilitate employee pre-tax contributions to a Roth IRA by registering for the Program. Covered Employers who do offer a qualified retirement plan (such as a 401(k) plan or a 403(b) plan) are exempt but must obtain an exemption certification from the Program by providing information about their plan to the Program.
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