Self-directed 401k falls under federal code (ERISA) and 401k anti-alienation protection. 401k retirement assets are shielded from creditors in New York.Explore retirement plan options for the selfemployed, including the solo 401(k), SEP IRA, SIMPLE IRA, and cash balance plan. Plans covered under ERISA include 401(k)s, pensions, deferred compensation plans and profitsharing plans. Here's what you need to know. For self-employed workers, setting up a retirement plan is a do-it-yourself job. New York City employers that do not offer their own retirement savings plans to employees will soon be required to do so. To fully establish your plan, you'll also need to complete the self-employed 401(k) account application, adoption agreement and trust agreement. To apply for all Retirement System benefits, you must file the appropriate application with the Office of the State Comptroller in a timely manner. The employer will be a fiduciary to the.