New York 2025-2026 Regular Session

New York Senate Bill S09485

Introduced
3/17/26  

Caption

Establishes the small business child and dependent care savings program; provides the basic framework therefor.

Summary

This bill establishes the New York State Small Business Child and Dependent Care Savings Program, a payroll-deduction savings arrangement for employees of qualifying small businesses. The program is intended to help private-sector workers save for child care and dependent care expenses in a convenient, low-cost, and portable way. It would be administered by the state comptroller and the commissioner of labor, who would design enrollment, contribution, withdrawal, outreach, and administrative procedures, and could contract with financial service companies or third-party administrators to operate the program. The bill defines eligible employers as businesses, for-profit or not-for-profit, with at least one and no more than 100 employees in New York during the prior calendar year, in business at least two years, and not already offering a child and dependent care savings plan. Employees age 18 or older who earned wages in New York could enroll, choose contribution amounts, opt out, re-enroll during annual open enrollment, and terminate participation. The bill also creates a dedicated fund to hold participant accounts, specifies that the money is not state property, and adds a tax law provision recognizing payroll deductions for child and dependent care services under the new program.

Impact

The bill would amend the state finance law by creating a new Article 17 and a dedicated program fund, and it would amend the tax law to recognize payroll deductions for child and dependent care services. It would expand state law to authorize a new state-run savings mechanism tied to payroll deductions for employees of small businesses, while limiting state and employer liability and clarifying that participating employers are not fiduciaries and are not responsible for benefit payments or program design. The measure would affect small businesses, their employees, and state agencies responsible for implementation and oversight, and it would create new administrative responsibilities for the comptroller and commissioner of labor.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the bill appears to be presented in a generally supportive, policy-expansion frame focused on affordability, convenience, and portability of dependent care savings. The structure suggests an effort to make participation easy for employers and employees and to keep administrative costs low. No contrary views are documented in the supplied context, so there is no recorded formal opposition or amendment debate to gauge broader sentiment.

Contention

The main potential points of contention are administrative burden, funding, and employer participation. Small businesses may be concerned about the need to set up payroll deduction arrangements, annual open enrollment, and related compliance steps, even though the bill tries to minimize employer responsibility. Another possible issue is whether the state can secure adequate funding and infrastructure to launch the program on time, since the bill allows delayed implementation if funds are not available. Questions could also arise about the program’s relationship to existing employer-sponsored dependent care plans and whether the payroll deduction structure creates any unintended tax, retirement, or operational consequences.

Companion Bills

NY A09585

Same As Establishes the small business child and dependent care savings program; provides the basic framework therefor.

Similar Bills

No similar bills found.