If you're located in a state with a retirement mandate, you may be required to offer a retirement plan to your employees — either through your state’s program or a private provider like Gusto.
However, depending on your situation, you might be exempt from the requirement.
This article will help you understand:
Which states have a mandate
How to check your status
Who to contact with questions
⚠️ Important Note: We cannot determine or certify your exemption for you. Each state manages its own registration and exemption process. For official guidance, always refer to your state’s retirement program website.
Already offering a Gusto 401(k)? You’re probably all set.
If you're a current Gusto 401(k) customer with an active plan, you likely already meet your state’s requirement.
But here's the key thing: Most states still require you to register your exemption or certify compliance directly through their site.
Be prepared: When submitting your exemption, most state sites will ask for:
Your company’s EIN: Employer Identification Number.
Your access code: Usually sent via post mail or email from the state program. If you don’t have your access code, you may need to contact the state program directly.
States with active mandates
Here’s a list of active state programs as of September 2025 and their website links for more information.
State | Program | Exemption Link |
California | CalSavers | |
Colorado | Colorado SecureSavings | |
Connecticut | MyCTSavings | |
Delaware | Delaware Earns | |
Illinois | Illinois Secure Choice | |
Maine | MERIT | |
Maryland | Maryland Saves | |
Nevada | NEST | |
New Jersey | RetireReady NJ | |
New York | NY Secure Choice | |
Oregon | Oregon Saves |
Heads up: Exemption requirements and deadlines may change. We recommend checking your state’s program site regularly for the latest info.
How to check your exemption status
Each program has its own process. Here’s how to get started:
Visit your state’s retirement program site (see above).
Search for “Exemption” or “Already offer a plan.”
Follow their steps to certify your exemption.
Still not sure? Reach out to your state program directly – they’re best equipped to help you with exemption requirements.