If you're in a state with a retirement mandate, you may need to offer a retirement plan or register an exemption if you already do. This article explains how to check your status and submit your exemption. Expand the sections below to get started.
Important: We cannot determine or certify your exemption. Each state manages its own registration and exemption process. For official guidance, refer to your state's retirement program website.
If you're a current Gusto 401(k) customer with an active plan, you likely already meet your state's requirement. However, most states still require you to register your exemption or certify compliance directly through their site.
When submitting your exemption, most state sites will ask for:
Your company's Employer Identification Number (EIN).
Your access code — usually sent via mail or email from the state program. If you do not have your access code, contact the state program directly.
Below is a list of active state programs as of Sep. 2025 with links to submit your exemption.
Note: Exemption requirements and deadlines may change. Check your state's program site regularly for the latest 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
Each program has its own process. To get started, follow these steps:
Visit your state's retirement program site (see the table above).
Search for "Exemption" or "Already offer a plan."
Follow the steps to certify your exemption.
Pro tip: If you're not sure about your status, contact your state program directly. They're best equipped to help with exemption requirements.