If your business already sponsors a qualifying retirement plan, you file the CalSavers exemption form online through the employer portal at employer.calsavers.com. The process takes a few minutes and needs three things: your Federal Employer Identification Number, your California payroll tax number from the EDD, and the CalSavers access code sent to your business. Once submitted, your compliance status updates to exempt and you’re out of the CalSavers mandate for as long as your qualifying plan stays in place.
Confirm Your Plan Actually Qualifies
California Government Code Section 100032 exempts any employer offering a retirement plan that qualifies for favorable federal income tax treatment.1California Legislative Information. California Government Code GOV 100032 CalSavers lists these qualifying plan types:
- 401(a) qualified plans, including profit-sharing and defined benefit plans
- 401(k) plans, including multiple employer and pooled employer plans
- 403(a) qualified annuity plans and 403(b) tax-sheltered annuity plans
- 408(k) Simplified Employee Pension (SEP) plans
- 408(p) SIMPLE IRA plans
- Payroll deduction IRAs with automatic enrollment
The plan has to actually qualify under the Internal Revenue Code. Offering one on paper is not enough, and a plan that has lapsed or doesn’t cover your eligible workforce will not support the exemption.2CalSavers. Frequently Asked Questions
A few other categories fall outside the mandate without needing to sponsor any plan at all: businesses with no employees other than the owner, government entities, religious organizations, and tribal organizations.3CalSavers. CalSavers Employer Information If you fit one of those, you still need to file the exemption in the portal so your status shows as exempt in the system.
You can also adopt a qualifying plan after you’ve already been registered in CalSavers and switch out. The statute preserves that option at any time.1California Legislative Information. California Government Code GOV 100032 Employee accounts that were already created stay with those employees; contributions they made belong to them and remain in their CalSavers Roth IRA.
What to Have Ready Before You Start
Pull these together first:
- Your Federal Employer Identification Number (EIN or TIN), the nine-digit number the IRS assigned to your business
- Your California payroll tax number, issued by the Employment Development Department
- Your CalSavers access code, sent to your business by mail and email
The access code is what trips most employers up. CalSavers mails and emails it in registration notices each spring after assessing employer mandate status using quarterly EDD data.3CalSavers. CalSavers Employer Information If you never received one, or you can’t find the notice, request a new access code directly on the CalSavers portal.4CalSavers. Registration – CalSavers Employer
Know the exact plan type you sponsor before you log in. The exemption form asks you to pick it from a dropdown (401(k), SEP IRA, SIMPLE IRA, and so on), so keep your plan document or summary plan description nearby rather than guessing.
How to File the Exemption in the CalSavers Portal
The entire process runs through employer.calsavers.com:
- On the registration page, choose the option labeled “I need to exempt my business.”3CalSavers. CalSavers Employer Information
- Enter your EIN or TIN, your California payroll tax number, and your CalSavers access code.
- Select your qualifying plan type from the list.
- Review the verification screen, then submit. The system generates a confirmation number and sends a confirmation email to your registered address.
Your compliance dashboard updates to exempt status once the request processes. Save the confirmation number. If a penalty notice ever arrives by mistake, that number is your proof you filed on time.
If You Can’t File Online
Employers who can’t use the portal can reach CalSavers by phone at (855) 650-6916 or by email at clientservices@calsavers.com for help.3CalSavers. CalSavers Employer Information Written correspondence goes to the State Treasurer’s Office at P.O. Box 942809, Sacramento, CA 94209-0001.5State of California Office of the State Treasurer. Contacts Send anything by mail with tracking so you have proof of delivery, and file well in advance of your deadline, since paper requests take longer to process than the online portal.
When You Have to File By
CalSavers reviews employer mandate status each spring using the quarterly employee data businesses report to the EDD. Newly mandated employers receive a registration deadline of December 31 of that year.3CalSavers. CalSavers Employer Information The final wave of the original rollout covered employers with one to four employees, who had to register or file their exemption by December 31, 2025. Any business that crosses the one-employee threshold after that will get its own notice with a deadline.
Filing the exemption counts the same as registering. Submit it before the deadline in your notice and your obligation is satisfied.
What Happens if You Don’t File
Government Code Section 100033 sets out the penalty ladder. The CalSavers Retirement Savings Board first sends a notice of penalty application to any employer that has not registered or filed an exemption. If noncompliance continues, the employer is assessed $250 per eligible employee. If it still isn’t resolved after a final notice, another $500 per eligible employee is added.6California Legislative Information. California Government Code GOV 100033 Annual notices with additional $500-per-employee penalties can continue until you comply.7Franchise Tax Board. Collections for CalSavers Retirement Savings Program
Once penalties reach $250 or more, the Board can refer the debt to the Franchise Tax Board for collection.8New York Codes, Rules and Regulations. California Code of Regulations 19286 – Referral of the Penalty Imposed by the CalSavers Retirement Savings Board For a business with 20 employees, a single round of penalties is $5,000, and it compounds from there. The statute allows a “good cause” exception, but CalSavers has not published a detailed definition of what qualifies.
Keeping the Exemption Valid
The exemption stays in place only as long as your qualifying plan does. If you terminate the plan, let participation lapse, or switch to a plan type that isn’t on the qualifying list, you’re no longer exempt and have to register for CalSavers. The state keeps watching employer data through EDD filings, so a gap in coverage can produce a fresh registration notice.
Questions on your status or the portal itself can go to CalSavers employer support at (855) 650-6916 or clientservices@calsavers.com.3CalSavers. CalSavers Employer Information