Live mandate
Does my Oregon business have to offer a retirement plan?
Short answer
Yes. Every Oregon employer with W-2 employees must either offer a retirement plan such as a 401(k) or register for OregonSaves. There’s no minimum headcount. If you already offer a plan, you certify that with OregonSaves. Employers that do neither can be fined up to $100 per employee, up to $5,000 a year.
Who must comply
OregonSaves covers all Oregon employers with W-2 employees that don't offer a qualified workplace retirement plan. There is no minimum employee count. If you have no W-2 employees, you certify an exemption instead of registering.
Deadlines
The original registration waves ran from November 2017 through July 31, 2023. New employers register by July 31: of the same year if they started between January 1 and March 31, otherwise of the following year. Next: July 31, 2027. If your deadline has gone by, OregonSaves says to register online now or call its client services line.
Penalties
Not offering OregonSaves or a plan is an unlawful practice. Oregon’s Bureau of Labor and Industries can fine you up to $100 per eligible employee, up to $5,000 a year. OregonSaves bases the count on your state employment records from the last two quarters.
How to get exempt
Offering a qualified plan satisfies the law. OregonSaves lists 401(a) plans including 401(k)s, 403(a), 403(b), SEP, SIMPLE IRA and 457(b) plans; a payroll deduction IRA does not count. To certify, use your EIN and the OregonSaves Access Code from your notice on the OregonSaves employer portal. If you lost the code, you can request it online or call 1-844-661-1256.
OregonSaves or a 401(k)?
OregonSaves 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. OregonSaves doesn’t allow employer contributions, so you can’t add a match; a 401(k) can include one. OregonSaves costs employers nothing to run; savers pay the account and fund fees. New savers start at 5% of pay, rising 1% a year to 10% unless they change it.
Sources
OregonSaves: Program details (employers) (oregonsaves.com) OregonSaves: Compliance (oregonsaves.com) OregonSaves: Contributions (savers) (oregonsaves.com) Oregon Legislature: Oregon Laws 2019, Chapter 149 (SB 164), section 5 (now ORS 178.990) (oregonlegislature.gov) 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.
