N.Y. General Business Law Section 1300
Definitions

All terms shall have the same meaning as when used in a comparable context in the Internal Revenue Code. As used in this article, the following terms shall have the following meanings:

1.

“Board” shall mean the New York secure choice savings program board established under this article.

2.

“Superintendent” shall mean the superintendent of the department of financial services. 2-a. “Commissioner” shall mean the commissioner of taxation and finance. 2-b. “Comptroller” shall mean the comptroller of the state.

3.

“Employee” shall mean any individual who is eighteen years of age or older, who is employed by an employer, and who earned wages working for an employer in New York state during a calendar year.

4.

“Employer” shall mean a person or entity engaged in a business, industry, profession, trade, or other enterprise in New York state, whether for profit or not for profit, that (i) has at all times during the previous calendar year employed at least ten employees in the state, (ii) has been in business at least two years, and

(iii)

has not offered 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.

5.

“Enrollee” shall mean any employee or individual who is enrolled in the program.

6.

“Internal Revenue Code” shall mean the Internal Revenue Code of 1986, or any successor law, in effect for the calendar year.

7.

“IRA” shall mean a Roth IRA (individual retirement account).

8.

“Participating employer” shall mean an employer that facilitates access to the program’s payroll deduction IRA as provided for by this article for its employees who are enrollees in the program.

9.

“Payroll deduction IRA” shall mean an arrangement by which a participating employer facilitates access for enrollees to remit payroll deduction contributions to the program.

10.

“Program” shall mean the New York state secure choice savings program.

11.

“Wages” means any compensation within the meaning of section 219(f)(1) of the Internal Revenue Code that is received by an enrollee from a participating employer during the calendar year.

Source: Section 1300 — Definitions, https://www.­nysenate.­gov/legislation/laws/GBS/1300 (updated Feb. 2, 2024; accessed Oct. 25, 2025).

Green check means up to date. Up to date

Verified:
Oct. 25, 2025

Last modified:
Feb. 2, 2024

§ 1300. Definitions's source at nysenate​.gov

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