Catch-Up Contributions and Plan Imposed Limits

[Guest Paul Hinderegger]

Is the following participant eligible to make catch-up contributions due to a "plan imposed limit?" Assume that the below limits are stipulated by the terms of the plan document and that the participant would not otherwise meet the 402(g) limit.

Plan Imposed Overall Deferral Limit (Sum of Pre-tax and After-Tax Rates): 25%

Participant Elected Pre-Tax Deferral Rate: 15%

Participant Elected After-Tax Deferral Rate: 10%

Thanks for any assistance.

[MWeddell]

Yes, those are plan imposed limits.

Note that the proposed catch-up regulations require the participant to exceed the limits for the whole year regardless of whether the limits are enforced over a shorter time period such as every pay period. For example, early in the plan year the participant contributed 10%, but now wants to contribute 15% pre-tax plus some catch-up contributions. Too bad, he/she can't contribute catch-up contributions for this year during the same plan year.