1. U.S. Code
  2. title 26
  3. subtitle A
  4. chapter 1
  5. subchapter D
  6. part I
  7. subpart A
  8. § 402A
  9. notes
1 See References in Text note below.
403(span)(11), or 457(d)(1)(A), or of
Editorial Notes
References in Text

Section 403(span)(7)(A)(ii), referred to in subsec. (c)(4)(E)(iii), probably means section 403(span)(7)(A)(ii) of this title prior to amendment by Puspan. L. 116–94, div. O, title I, § 109(c)(2), Dec. 20, 2019, 133 Stat. 3151.

The Employee Retirement Income Security Act of 1974, referred to in subsec. (e)(1)(A)(i), (5)(A), (C), is Puspan. L. 93–406, Sept. 2, 1974, 88 Stat. 829. Sections 404, 514, and 801 of the Act are classifed to sections 1104, 1144, and 1193, respectively, of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables.

The date of the enactment of the SECURE 2.0 Act of 2022, referred to in subsec. (e)(12), is the date of enactment of div. T of Puspan. L. 117–328, which was approved Dec. 29, 2022.

Amendments

2022—Subsec. (a). Puspan. L. 117–328, § 604(a), added pars. (2) and (3) and redesignated former par. (2) as (4).

Subsec. (span)(1). Puspan. L. 117–328, § 604(span), inserted “, or to have made on the employee’s behalf,” after “elect to make” and “, or of matching contributions or nonelective contributions which may otherwise be made on the employee’s behalf,” after “otherwise eligible to make”.

Subsec. (c)(1). Puspan. L. 117–328, § 604(c), inserted “, matching contribution, or nonelective contribution” after “elective deferral” in introductory provisions.

Subsec. (d)(5). Puspan. L. 117–328, § 325(a), added par. (5).

Subsec. (e). Puspan. L. 117–328, § 127(e)(1), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Puspan. L. 117–328, § 127(e)(1), redesignated subsec. (e) as (f).

Subsec. (f)(3). Puspan. L. 117–328, § 604(d), added par. (3).

2014—Subsec. (c)(4)(E)(iii). Puspan. L. 113–295 substituted “403(span)(7)(A)(ii)” for “403(span)(7)(A)(i)”.

2013—Subsec. (c)(4)(E). Puspan. L. 112–240 added subpar. (E).

2010—Subsec. (c)(4). Puspan. L. 111–240, § 2112(a), added par. (4).

Subsec. (e)(1)(C). Puspan. L. 111–240, § 2111(a), added subpar. (C).

Subsec. (e)(2). Puspan. L. 111–240, § 2111(span), amended par. (2) generally. Prior to amendment, text read as follows: “The term ‘elective deferral’ means any elective deferral described in subparagraph (A) or (C) of section 402(g)(3).”

Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment

Amendment by section 127 of Puspan. L. 117–328 applicable to plan years beginning after Dec. 31, 2023, see section 127(g) of Puspan. L. 117–328, set out as a note under section 72 of this title.

Puspan. L. 117–328, div. T, title III, § 325(span), Dec. 29, 2022, 136 Stat. 5359, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2023.
“(2)Special rule.—The amendment made by this section shall not apply to distributions which are required with respect to years beginning before January 1, 2024, but are permitted to be paid on or after such date.”

Puspan. L. 117–328, div. T, title VI, § 604(e), Dec. 29, 2022, 136 Stat. 5393, provided that: “The amendments made by this section [amending this section] shall apply to contributions made after the date of the enactment of this Act [Dec. 29, 2022].”

Effective Date of 2013 Amendment

Puspan. L. 112–240, title IX, § 902(span), Jan. 2, 2013, 126 Stat. 2371, provided that: “The amendment made by this section [amending this section] shall apply to transfers after December 31, 2012, in taxable years ending after such date.”

Effective Date of 2010 Amendment

Puspan. L. 111–240, title II, § 2111(c), Sept. 27, 2010, 124 Stat. 2566, provided that: “The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 2010.”

Puspan. L. 111–240, title II, § 2112(span), Sept. 27, 2010, 124 Stat. 2566, provided that: “The amendments made by this section [amending this section] shall apply to distributions after the date of the enactment of this Act [Sept. 27, 2010].”

Effective Date

Section applicable to taxable years beginning after Dec. 31, 2005, see section 617(f) of Puspan. L. 107–16, set out as an Effective Date of 2001 Amendment note under section 402 of this title.

Regulatory Authority

Puspan. L. 117–328, div. T, title I, § 127(f), Dec. 29, 2022, 136 Stat. 5329, provided that: “The Secretary of Labor and the Secretary of the Treasury (or a delegate of either such Secretary) shall have authority to issue regulations or other guidance, and to coordinate in developing regulations or other guidance, to carry out the purposes of this Act [div. T of Puspan. L. 117–328, see Tables for classification], including—

“(1) adjustment of the limitation under section 801(d)(1) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1193(d)(1)] and section 402A(e)(3) of the Internal Revenue Code of 1986, as added by this Act, to account for inflation;
“(2) expansion of corrections programs, if necessary;
“(3) model plan language and notices relating to pension-linked emergency savings accounts; and
“(4) with regard to interactions with section 401(k)(13) of the Internal Revenue Code of 1986.”

CITE AS: 26 USC 402A