[Code of Federal Regulations]
[Title 26, Volume 5]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.402(g)-0]

[Page 402-403]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.402(g)-0  Limitation on exclusion for elective deferrals, table 
of contents.

    This section contains the captions that appear in Sec. 1.402(g)-1.

    Sec. 1.402(g)-1 Limitation on exclusion for elective deferrals.

(a) In general.
(b) Elective deferrals.
(c) Certain one-time irrevocable elections.
(d) Applicable limit.
    (1) In general.
    (2) Special adjustment for elective deferrals with respect to a 
section 403(b) annuity contract.
    (3) Special adjustment for elective deferrals with respect to a 
section 403(b) annuity contract for certain long-term employees.
    (4) Example.
(e) Treatment of excess deferrals.
    (1) Plan qualification.
    (i) Effect of excess deferrals.
    (ii) Treatment of excess deferrals as employer contributions.
    (iii) Definition of excess deferrals.
    (2) Correction of excess deferrals after the taxable year.
    (3) Correction of excess deferrals during taxable year.
    (4) Plan provisions.
    (5) Income allocable to excess deferrals.
    (i) General rule.
    (ii) Method of allocating income.
    (iii) Alternative method of allocating income.
    (iv) Safe harbor method of allocating gap period income.
    (6) Coordination with distribution or recharacterization of excess 
contributions.
    (7) No employee or spousal consent required.
    (8) Tax treatment.
    (i) Corrective distributions on or before April 15 after close of 
taxable year.
    (ii) Special rule for 1987 and 1988 excess deferrals.
    (iii) Distributions of excess deferrals after correction period.
    (9) No reduction of required minimum distribution.

[[Page 403]]

    (10) Partial correction.
    (11) Examples.
(f) Community property laws.
(g) Effective date.
    (1) In general.
    (2) Deferrals under collective bargaining agreements.
    (3) Transition rule.
    (4) Partnership cash or deferred arrangements.

[T.D. 8357, 56 FR 40545, Aug. 15, 1991]