Compliance Stuff

  Beginning January 1, 2026, age 50+ catch‑up contributions for “high‑paid participants” of 401(k), 403(b), and governmental 457(b) retirement plans must be made on a Roth basis. As a result, employers must identify who is a “high-paid participant” and ensure that corresponding catch-up contributions are characterized as Roth — even if a participant’s standing catch-up deferral election is pre‑tax.   The Internal Revenue Service (IRS) recently released final regulations   implementing the mandatory Roth catch-up, which will create pressure points for payroll systems, retirement plan recordkeepers, and plan sponsors. This update summarizes the new mandatory Roth catch-up requirement, highlights selected issues for payroll and human resources to consider, and recommends solutions to reduce compliance risk.  The New Mandatory Roth Catch‑Up Rule Under final IRS regulations, a catch‑up eligible participant with FICA wages paid by applicable employer(s) above a wage thresh...

Takeaways Generally, plan sponsors should be prepared to implement the Roth catch-up rule for taxable years beginning after December 31, 2025 (i.e., January 1, 2026, for calendar year plans).  This will require coordination with ERISA counsel, the company’s payroll provider, and the plan’s recordkeeper and third-party administrator. Be prepared to discover mistakes and correct them quickly. Related Links Catch-Up Contributions Final Regulations Notice 2023-62 Article On September 16, 2025, the Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued Final Regulations (Treasury Decision 10033) under Section 603 of the SECURE 2.0 Act. Section 603, as enacted, generally requires that catch-up-eligible participants whose prior-year FICA wages exceeded $145,000 (as indexed) make all catch-up contributions as designated Roth contributions for taxable years beginning after December 31, 2023.  However, in Notice 2023-62, the IRS provided an administrative...

SECURE Act 2.0 introduces new rules applicable to 401(k) plan catch-up contributions that will take effect in 2026. This Alert provides a brief explanation of catch-up contributions and actions which plan sponsors and employers need to take now to address this change in the law. Participants in a 401(k) plan who are age 50 or older by the end of the calendar year can make “catch-up contributions” if they have made their maximum 401(k) contributions for the year. In 2025, the 401(k) contribution is limited to $23,500. The maximum catch-up contribution in 2025 is $7,500 , with an exception for participants ages 60-63 whose catch-up contribution limit in 2025 is $11,250 . These dollar amounts are subject to cost-of-living adjustments. In 2025, 401(k) and catch-up contributions can be made either on a pre-tax basis or after-tax as a Roth contribution. Investment earnings on both types of catch-up contributions are tax-deferred while they remain in the plan. However, pre-tax catch-up contr...