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Virginia to Require Employers with 5 or More Employees to Offer a Workplace Retirement Program

 


Effective July 1, 2026, employers in Virginia with more than 5 or more employees that do not offer a qualified retirement plan to employees must enroll eligible employees in a state-administered individual retirement account (IRA), known as RetirePath Virginia. This requirement was previously in effect for employers with 25 or more employees. 

Employers eligible in 2026 must register and facilitate the program by the following deadlines: For employers with 10-24 employees, the registration deadline is September 30, 2026. For employers with 5-9 or 25 or more employees, the deadline is October 30, 2026. The deadline has passed for employers that were eligible before 2026.
 
 
A qualified retirement plan includes 401(a), 401(k), 403(a), 403(b), 408(k), 408(p), or 457(b).
 
 
Employers must automatically enroll all employees who work at least 30 hours per week and who are at least 18 years old. Employers must set up automatic deductions from employee pay, but employers don’t have to contribute funds or pay administrative costs. Employees may opt out of participation.
 
 
Employees that work less than 30 hours per week are not eligible to participate.
 
 
Employers may learn more at:
https://www.retirepathva.com/about.
 
 
If employers have any questions or concerns, we recommend they contact us to ensure compliance. For assistance, contact us at 423-764-4127 or by email at
 

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