Live mandate
Does my Colorado business have to offer a retirement plan?
Short answer
Yes, if your business is at least 2 years old, has 5 or more employees and doesn’t offer a retirement plan such as a 401(k). You either register for Colorado SecureSavings or certify that you already offer a plan. Fines can reach $100 per employee a year, up to $5,000.
Who must comply
Colorado SecureSavings covers employers that have been in business for at least 2 years, have 5 or more employees, and don't offer a qualified retirement plan. Employers below either threshold, and those that offer a plan, certify an exemption.
Deadlines
The first waves closed in 2023. New businesses had a May 15, 2026 deadline; the 2027 date isn’t published yet. If you missed an earlier deadline, register online or call the program.
Penalties
Colorado law allows fines of up to $100 per eligible employee per year, capped at $5,000 per calendar year. The Colorado Department of Labor and Employment enforces them after sending notices of noncompliance. Fines can't start until at least a year after your registration date, and never sooner than 3 months after the first notice of noncompliance.
How to get exempt
If you offer a qualified retirement plan such as a 401(k), certify your exemption on the Colorado SecureSavings employer portal using the Access Code from your notice. Employers in business less than 2 years or with fewer than 5 employees use the same step. Colorado law also lets you become exempt by joining a legally compliant multiple employer plan.
Colorado SecureSavings or a 401(k)?
Colorado SecureSavings accounts are Roth IRAs, so each saver is held to the IRA limit: $7,500 a year in 2026 and 2027, or $8,600 at 50 or older, across all their IRAs. Higher earners can be phased out of Roth contributions altogether, starting at $153,000 of income for single filers in 2026 and $158,000 in 2027. A 401(k) leaves far more room: employees can defer $24,500 in 2026 and $25,500 in 2027, plus catch-ups from age 50. Colorado SecureSavings doesn’t allow employer contributions, so you can’t add a match; a 401(k) can include one. Colorado SecureSavings costs employers nothing to run; savers pay the account and fund fees. New savers start at 5% of pay, rising 1% each January to 8% unless they change it.
Sources
Colorado SecureSavings: Program details (employers) (coloradosecuresavings.com) Colorado SecureSavings: Contributions (savers) (coloradosecuresavings.com) Justia (copy of Colorado Revised Statutes): C.R.S. §24-54.3-107 (law.justia.com) Cornell LII (copy of Colorado regulations): 8 CCR 1508-3.9 Enforcement (law.cornell.edu) Internal Revenue Service: 401(k) limit increases to $24,500 for 2026, IRA limit increases to $7,500 (irs.gov) Internal Revenue Service: COLA increases for dollar limitations on benefits and contributions (irs.gov) Internal Revenue Service: 401(k) plan overview (irs.gov) Georgetown University Center for Retirement Initiatives: States: 2026 state program status (as of November 6, 2026) (cri.georgetown.edu)
This page is general information, not legal or tax advice. Confirm current rules with the state program before acting.
