New York Consolidated Laws, General Business Law - GBS § 1310. Program implementation and enrollment

2. Enrollees shall have the ability to select a contribution level into the program.  This level may be expressed as a percentage of wages or as a dollar amount up to the deductible amount for the enrollee's taxable year under section 219(b)(1)(A) of the Internal Revenue Code.  Enrollees may change their contribution level at any time, subject to rules promulgated by the board.  If an enrollee fails to select a contribution level using the form described in this article, then he or she shall contribute three percent of his or her wages to the program, provided that such contributions shall not cause the enrollee's total contributions to IRAs for the year to exceed the deductible amount for the enrollee's taxable year under section 219(b)(1)(A) of the Internal Revenue Code.  The deduction of contributions from an employee's wages shall not begin until the thirtieth day after such employee has been enrolled in the program.

3. Enrollees may select an investment option offered under the program.  Enrollees may change their investment option at any time, subject to rules promulgated by the board.  In the event that an enrollee fails to select an investment option, that enrollee shall be placed in the investment option selected or authorized by the board as the default under this article.

4. Following initial implementation of the program pursuant to this section, at least once every year, the program shall designate an open enrollment period during which employees who previously opted out of the program may enroll in the program.

5. An employee who opts out of the program and who subsequently wants to participate may only enroll during the program's designated open enrollment period or if permitted by the program at an earlier time.

6. Employers shall retain the option at all times to set up any type of employer-sponsored retirement plan.

7. An enrollee may terminate his or her enrollment in the program at any time in a manner prescribed by the board.

9. 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 offers 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 shall not terminate such plan for the purposes of participating in the program.