Sec. 131102. Deferral-only arrangements
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/bill/117/hr/5376/rh/section-131102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 401(k) is amended by adding at the end the following new paragraph: A deferral-only arrangement shall be treated as meeting the requirements of paragraph (3)(A)(ii). For purposes of this paragraph, the term deferral-only arrangement means any cash or deferred arrangement which meets— the automatic deferral requirements of subparagraph (C), the elective contribution requirement of subparagraph (D), and the requirements of subparagraph
(E)of paragraph (13). The requirements of this subparagraph shall be treated as met if, under the arrangement, each employee eligible to participate in the arrangement is treated as having elected to have the employer make elective contributions in an amount equal to the qualified percentage of compensation. The election treated as having been made under clause
(i)shall cease to apply with respect to any employee if such employee makes an affirmative election— to not have such contributions made, or to make elective contributions at a level specified in such affirmative election. For purposes of this subparagraph, with respect to any employee, the term qualified percentage means, in lieu of the meaning given such term in paragraph (13)(C)(iii), any percentage determined under the arrangement if such percentage is applied uniformly, does not exceed 15 percent (10 percent during the period described in subclause (I)) and is at least— 6 percent during the period ending on the last day of the first plan year which begins after the date on which the first elective contribution described in clause
(i)is made with respect to such employee, 7 percent during the first plan year following the plan year described in subclause (I), 8 percent during the first plan year following the plan year described in subclause (II), 9 percent during the first plan year following the plan year described in subclause (III), and 10 percent during any subsequent plan year. The requirements of this subparagraph are met if under the plan containing the arrangement— the only contributions which may be made are elective contributions of employees who are eligible to participate in the arrangement, and the aggregate amount of such elective contributions which may be made with respect to any employee for any calendar year shall not exceed the amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph
(B)thereof). For catch-up contributions for individuals age 50 or over, see section 414(v). . Section 414(v)(2)(B)(i) is amended by inserting , 401(k)(16), after 401(k)(11) . Section 414(v)(2)(B) is amended by adding at the end thereof the following clause: In the case of an applicable employer plan described in section 401(k)(16), the applicable dollar amount is $1,000. . Section 414(v)(2)(C) is amended— by striking (B)(i) and and inserting (B)(i), and by inserting after subparagraph (B)(ii) the following: , and the $1,000 amount described in subparagraph (B)(iii) , inserting after 2005 the following: (the calendar quarter beginning July 1, 2020, in the case of the $1,000 amount described in subparagraph (B)(iii)) , and by inserting before the period at the end the following ($100 in the case of an increase in the amount described in subparagraph (B)(iii) which is not a multiple of $100) . Section 416(g)(4)(H)(i) is amended by striking or 401(k)(13) and inserting 401(k)(13), or 401(k)(16) . The amendments made by this section shall apply to plan years beginning after December 31, 2022.