Incentives MapEP NowStoreAcademyProduction LotEP GlobalSupport
Contact us
Legal & Compliance Home

New York State Makes Retirement Savings Program Mandatory Through Payroll Deduction

New York state employers that do not offer a qualified retirement plan will soon be required to auto-enroll their employees into a state-managed retirement program.
December 21, 2021
New York State Makes Retirement Savings Program Mandatory Through Payroll Deduction

New York State Makes Retirement Savings Program Mandatory Through Payroll Deduction

New York state employers that do not offer a qualified retirement plan will soon be required to auto-enroll their employees into a state-managed retirement program.

On October 21, 2021, Governor Kathy Hochul of New York signed into law a bill that expands the New York State Secure Choice Savings Plan (Savings Plan) into an auto-enrollment program. The program was originally created as part of the 2018-2019 New York State Budget as a voluntary program whereby workers employed in New York could opt into the program to save money for retirement in a state-run IRA through post-tax payroll deductions. Although the voluntary opt-in program has not yet been established, the new law now mandates covered employers to auto-enroll employees unless the employee affirmatively opts out. Contributions are strictly from employee post-tax money, not from employers.

To be covered by the new law, the employer must (i) have had at least 10 employees in the state “at all times during the previous calendar year,” (ii) have been in business for at least 2 years, and (iii) not already offer “a qualified retirement plan, including, but not limited to, a plan qualified under sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the Internal Revenue Code of 1986 in the preceding two years.” As the common law employer of the production workers, motion picture production companies serve as the employer for purposes of this law.

As a sigh of relief, employers that already offer a “qualified retirement plan” are exempt from the law. In the motion picture industry, many collective bargaining agreements require mandatory contributions on behalf of employees to a multi- employer pension fund, which may constitute a 401(a) plan. Eligible motion picture production company employers that are signatory to such collective bargaining agreements may therefore be exempt from the new law. If applicable, this exclusion would apply at an employer level (and not at an individual employee level) and therefore would exempt the employer from complying with the new law for their non-unionized employees as well.

In addition to auto-enrolling employees and remitting funds to the Savings Plan from payroll deductions, employers will need to provide informational materials to employees about the program, how to opt out of the program, how to select their percentage contributions (default is 3% of post-tax payroll deduction), the yearly open enrollment period and other relevant information. These materials will be created by the state and are not yet available.

As the hiring and controlling employer, the production company is responsible for distributing the Savings Plan materials and collecting any necessary forms from its production workers along with other onboarding paperwork. Similar to the Cal-Savers mandatory payroll deduction program in California, EP will be prepared to assist production companies with the payroll deductions. It is unknown at this time if there will be any penalty imposed on employers for failing to comply with the law.

As of now, the program is not yet open, and we expect the state to enact regulations for the program. Once the program is open (opening date is unknown at this time but expected to be sometime in 2022), our information is that employers will have up to 9 months to enroll their employees in New York into the program and start payroll deductions.

Earlier this year, New York City also passed a mandatory auto-enrollment IRA law covering private businesses. The City’s program is not yet established, but the New York State law now calls into question the fate of the City’s program as the State’s program will cover most of the same employers that the City’s program will cover. We are waiting for further information from the State or City on the future of the City program.

We recommend that you consult with your legal advisors regarding this new law and its applicability to your company.

*   *   *   *   *

For any questions about this Alert, you may contact:

Alan Wu, Director, Employment & Labor Relations Counsel | awu@ep.com

Scott Bishop, Vice President, Employment Law | sbishop@ep.com

Joe Scudiero, Senior Vice President & Chief Labor Counsel | jscudiero@ep.com

Related Content

NYU Tisch School of the Arts logo black white and purple

Entertainment Partners and NYU Tisch School of the Arts Launch Five-Year Collaboration

8/12/2026
Agreement brings professional training, industry-leading Movie Magic tools, and scholarship support to one...
New York's "No Severance Ultimatums Act"

New York's "No Severance Ultimatums Act"

7/31/2026
Until now, these requirements applied only to employees age 40 or older under the federal Older Workers...
If Signed into Law, Employer Documentation Burdens Will Increase for Their Sexual Anti-Harassment Training and Policies

If Signed into Law, Employer Documentation Burdens Will Increase for Their Sexual Anti-Harassment Training and Policies

7/31/2026
Specifically, employers must obtain a signed and dated acknowledgment from their employees each time they...
New York Legislature Passes GenAI Transparency Bill

New York Legislature Passes GenAI Transparency Bill

7/31/2026
Bill would require owners, licensees, and operators of generative AI systems and services to display...
New York Law Drastically Impacts Personnel Files

New York Bill Drastically Impacts Personnel Files

7/31/2026
The New York Legislature passed legislation (Senate Bill S3460) this past May significantly broadening...
Film crew member on set in Australia representing screen production industry Payday Super legislation compliance

Australia's Payday Super Legislation: What Screen Productions Need to Know

6/24/2026
Australia's Payday Super legislation takes effect on 1 July 2026. Learn how the new...

Entertainment Partners Reflects on 50 Years Powering Hollywood’s Back Office From ‘Little House on the Prairie’ to ‘The Pitt’

6/16/2026
A Variety Magazine deep-dive on how Entertainment Partners built 50 years of payroll, production finance,...
Kristy Carty, VP Payroll UK, Entertainment Partners

Spotlight: Kristy Carty, Vice President, Payroll UK

6/8/2026
Meet Kristy Carty, EP’s UK payroll leader, who brings decades of expertise to help productions stay fast,...

Exploring AI's Role in Global Payroll Strategy

6/2/2026
The future of global payroll is strategic, data-driven, and AI-enabled. At the 44th annual #PayCon, Davida...
Entertainment Partners 50 years anniversary logo 1976 to 2026

Entertainment Partners Celebrates 50 Years as Hollywood's Production Partner

5/20/2026
From ‘Little House on the Prairie’ to ‘The Pitt,’ EP’s technology and expertise have powered film and...
Newsroom-Logo-Thumbnail-480-PayrollOrg

Role Of Strategic Globalization Highlights Human-AI Relationship

5/19/2026
Payroll Congress attendees who were present at Davida Lara’s session, “The Role of AI in Strategic...
Newsroom-Logo-Thumbnail-IF Magazine

What Australia’s New Payday Super Means for Productions

3/27/2026
Learn about the Payday superannuation regulation changes going into effect 1 July 2026, and how to prepare...
Guide to preparing your UK production payroll for year-end

How to Get Your Payroll Ready for Year-End: A Guide for UK Productions

3/3/2026
Find out how UK production teams can streamline their payroll year-end and ensure a smooth transition to...
UK film and TV budgeting tips for 2026

UK Film & TV Budgeting Tips for 2026: Payroll Tax Changes Affecting Productions

1/20/2026
Discover the key UK payroll tax changes impacting film and TV production budgets in 2026 and beyond, with...
Manhattan Bridge in New York

New York State Independent Film Tax Credit: 2026 Application Window Opens January 12

1/8/2026
Applications for the $100M NY Independent Film Tax Credit program open January 12, 2026. Learn about...

Payroll & Finances

PayrollResidualsSmartStartSmartTimeEP On LocationSmartAccountingEP LiveSmartPO +PayablesCASHétPayPaymaster Rate GuideEP ResidencyMoneypenny

Manage Multiple Productions

AssetHubSmartHub

Additional Services

Academy
Subscribe now

Be an industry insider with EP's
newsletters and alerts

LegalPrivacy NoticeSecurityCookie Settings
© 2026 Entertainment Partners. All rights reserved.