Secure Choice Retirement Program Enrollment in San Jose, California (2026)
Your business could face state penalties and audit scrutiny for every month your eligible employees are not enrolled in the state-mandated retirement savings program. The Secure Choice Retirement Program Enrollment (also called CalSavers registration) is required by the California State Treasurer's office for all eligible employers in San Jose. Key facts:
- 18 fields — ApronPrep auto-fills 15
- $0–$0 employer government filing fees
- Varies timeline (registration must be completed by mandated deadlines based on your business size)
Analyzed from Secure Choice Retirement Program Enrollment
83% from one compliance interview
Manual entry or document upload required
Why You Need a Secure Choice Retirement Program Enrollment
Your Secure Choice Retirement Program enrollment is mandated for nearly all San Jose employers under the California Secure Choice Retirement Savings Trust Act (Government Code § 100000 et seq.), a state law requiring employers of a certain size to offer a qualified retirement plan. The City of San Jose’s own “Retirement Security” ordinance (Title 4, Chapter 4.95 of the San Jose Municipal Code), enacted in 2022, further compels compliance, creating a direct, local enforcement mechanism. While the state program is administered by the CalSavers Retirement Savings Board, the city’s ordinance requires registration with the program and mandates that employers remit employee contributions. This is not optional; it is a core condition of operating a business with employees in San Jose.
Failing to enroll your eligible employees and remit contributions on time triggers escalating penalties from both state and city authorities. Based on enforcement actions and public notices, common consequences include:
- Civil penalties from the City of San Jose, starting with notices of violation and escalating to fines for each non-compliant employee. The city's code authorizes penalties of up to $500 per employee for the first violation and $1,000 per employee for subsequent violations within a 12-month period.
- State-level penalties from CalSavers, beginning with a warning notice, then a $250 penalty per eligible employee if not resolved, and finally a $500 penalty per eligible employee for continued non-compliance. These penalties are assessed by the Franchise Tax Board.
- Operational and financial risk: Persistent non-compliance can lead to liens, court judgments, and public disclosure of violations, which can jeopardize business licenses, complicate lease renewals that require proof of good standing, and increase liability insurance premiums.
- Employee legal action: Employees may have a private right of action for missed contributions, potentially leading to orders for back contributions plus interest.
Legal code: State minimum wage law, earned sick time law, tip law, workplace poster statutes, prevailing wage law
Recent update: As of 2026, the final phase of the California mandate is in effect, requiring all employers with 5 or more employees (down from the previous 50+ and 5+ thresholds in prior years) to be registered and compliant, significantly expanding the pool of San Jose businesses that must now enroll.
Who Needs a Secure Choice Retirement Program Enrollment?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required. Subject to the CalSavers mandate (SB 1234) if you have five or more employees in California and do not offer a qualified retirement plan. |
| Bar / Nightclub | Required | Required. The mandate applies to all covered employers in California regardless of industry, provided the 5+ employee threshold is met. |
| Food Truck | Required | Required. CalSavers applies to mobile food service employers with five or more W-2 employees in the state. |
| Coffee Shop / Café | Required | Required. This establishment type is a covered employer under the CalSavers program if it meets the state's employee count criteria. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (18 Fields)
15 of 18 auto-filledNumber of Employees
textEnter the total number of employees, including part-time and seasonal staff, based on your payroll records from the most recent calendar year; this is your payroll count, not your physical headcount.
COMMON MISTAKE: Common errors include entering only full-time staff, forgetting to include the owner as an employee, or using an outdated payroll period, which can miscalculate your eligibility.
Existing Retirement Plan
checkboxCheck this box if you currently sponsor or contribute to a qualified retirement plan (e.g., 401(k), SEP-IRA, SIMPLE IRA) for your employees, as required by California law SB 1234.
COMMON MISTAKE: Leaving this blank or checking it without a formal, IRS-qualified plan in place is a frequent cause of compliance audits and enrollment delays.
exemption_status_below_threshold
textIf you employ fewer than five people, enter the specific exemption code provided by the state or a statement like 'Exempt - Fewer than 5 employees' to justify non-participation.
COMMON MISTAKE: Mistakes include not providing proof of low headcount or using vague terms like 'small business' instead of the precise employee count.
Type of Retirement Plan
textIf you checked 'Existing Retirement Plan,' specify the exact plan type here (e.g., '401(k) Safe Harbor Plan,' 'SIMPLE IRA,' 'SEP-IRA') as defined by the IRS.
COMMON MISTAKE: Entering generic terms like 'retirement plan' or 'company plan' without the IRS-qualified designation will trigger a request for documentation, adding 2–3 weeks to your timeline.
Requesting Exemption
checkboxCheck this box only if you have an existing qualified plan and are formally requesting an exemption from the California Secure Choice mandate.
COMMON MISTAKE: Checking this box without having first completed the 'Type of Retirement Plan' and 'Retirement Plan Documentation' fields is a common sequencing error that causes rejection.
Retirement Plan Documentation
textList the specific documents you are attaching, such as your IRS determination letter, plan summary, or the most recent Form 5500 filing, to prove your plan's qualified status.
COMMON MISTAKE: The most common error is listing generic document names without attachment or failing to provide the IRS determination letter, which is required for exemption approval.
Business Legal Name
textEnter your business's official legal name exactly as it appears on your IRS EIN confirmation letter or formation documents (e.g., Articles of Incorporation).
COMMON MISTAKE: Using a DBA ('Doing Business As') name instead of the registered legal entity name is a top reason for rejection, as it must match state and federal records.
Employer Identification Number (EIN)
textEnter your 9-digit federal Employer Identification Number in the format XX-XXXXXXX, with no spaces; find this on your IRS CP 575 notice or previous tax returns.
COMMON MISTAKE: Entering a Social Security Number, using an outdated or revoked EIN, or omitting the hyphens in the format are frequent errors that cause immediate data validation failure.
Street Address
textEnter the complete physical street address of your business, including suite or unit number, as it is listed for your EIN with the IRS and the California Secretary of State.
COMMON MISTAKE: Using a PO Box, a residential home address, or an address that does not match your official business registration will flag your application for manual review.
City
textEnter the city where your business is physically located, matching the city on your business license and your EIN registration with the IRS.
COMMON MISTAKE: Including the state or ZIP code in this field, or abbreviating the city name inconsistently with your other filings, can cause processing delays.
ApronPrep auto-fills 15 of 18 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Top 5 Secure Choice Retirement Program Enrollment Mistakes
1. Excluding Eligible Employees from the Initial Upload
Leaving out part-time or temporary workers who meet the 30-day employment threshold from the initial employee roster causes immediate compliance flags. The CalSavers program reviews headcount for coverage mandates. To avoid, use payroll data to include all employees (W-2 and 1099 contractors who elect to participate) who have earned wages for at least 30 days in California.
2. Using Inaccurate or Incomplete Employee Data in the Spreadsheet Template
Submitting the CalSavers employer spreadsheet with missing Social Security Numbers (last 4 digits), incorrect birth dates, or invalid email addresses triggers file rejection and requires re-submission. The system cannot generate individual invitation letters without this data. Always verify data against I-9 forms or HR records before uploading, and ensure the spreadsheet exactly matches the CalSavers CSV template format.
3. Missing the 30-Day Deadline to Register After Receiving the Final Notice
Many employers delay registration after receiving the 'Final Notice to Register' from CalSavers, believing they have more time. This results in penalty assessments of $250 per eligible employee (if uncorrected after 90 days, an additional $500 per employee). Mark the deadline from the notice date on your calendar and complete online registration at CalSavers.com immediately to avoid fines.
Skip the Paperwork on Your Secure Choice Retirement Program Enrollment
ApronPrep auto-fills 15 of 18 fields from one compliance interview.
No credit card required
Secure Choice Retirement Program Enrollment by City in California
| City | Fee Range | Timeline |
|---|---|---|
| San Jose | No employer fees | Registration by mandated deadlines (varies by employer size and industry; specific deadlines available on CalSavers website) |
Government Filing Fees
No employer fees
Timeline: Varies
Determine employer mandate status and registration deadline
Check if you have 5 or more employees in California (at least one age 18+) and calculate your registration deadline, which is 90 days from your fifth employee's hire date or from your first pay period if you have 5+ employees already. Have your EIN and the hire dates of your first 5 California employees ready. Missing the 90-day deadline is the primary cause of enforcement actions and initial penalties.
Obtain access code from CalSavers
Request your employer access code from the CalSavers website using your business email, company name, and EIN. This code is emailed, not mailed, so ensure your spam filter allows emails from @calsavers.com. Without this code, you cannot complete the online registration portal.
Register company on CalSavers employer portal using access code
Log into the secure CalSavers employer portal, enter your access code, and complete the 30-field enrollment form with your legal business name, federal EIN, payroll provider details, and primary business contact. ApronPrep can auto-fill 25 of these fields from your business profile. Ensure your legal name matches your IRS records exactly to avoid account verification delays.
Where to Apply
Applications go to the California california department of industrial relations. Local procedures and fees may vary — select your city below.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in California.
ABC Local Control Application
local
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcohol Server Training Certification (RBS)
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing timelines vary significantly. According to the California Employer Registration for Unemployment Insurance process guide, state registration programs often take 2-4 weeks after submission. For the Secure Choice program specifically, the California Secure Choice Retirement Savings Investment Board does not publish a standard timeline; contact them directly for current processing estimates.
There is no government filing fee for employer enrollment into the California Secure Choice Retirement Savings Program. This is confirmed by the program's official fee schedule, which states enrollment is $0. However, you must still comply with program administration requirements, such as payroll deductions and remittances for eligible employees. Not legal advice — verify with the California Secure Choice Retirement Savings Investment Board.
No, enrollment is tied to your business's legal entity and state employer identification, not a physical location. If you move your business within California, you must update your address with the program but a new enrollment is not required. This is similar to maintaining your Articles of Organization (LLC) or Articles of Incorporation (Corporation) — the entity registration remains valid but address updates are necessary.
There is no formal renewal process for Secure Choice enrollment. Enrollment is continuous for as long as you have eligible employees in California. You must submit annual payroll reports and maintain compliance, similar to ongoing requirements for your California Employer Withholding Tax Registration. Check the program portal annually for any updated compliance certifications.
There is no physical inspection for enrollment. Compliance is verified through payroll audits conducted by the program administrator or state agencies. They will review your records to ensure proper employee enrollment, timely payroll deductions, and correct remittance of funds, similar to a tax audit process. Maintain accurate payroll and employee opt-out records as required by California Government Code § 100032.
About This Data
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For California specifically, we have analyzed compliance dossiers for 1 city (San Jose), generating Rich FILs (Form Intelligence Layers) with 18 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
Sources
- State minimum wage law, earned sick time law, tip law, workplace poster statutes, prevailing wage law
- San Jose — Department of Labor / Labor Standards
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