[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)-2]

[Page 408]
 
                       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)-2  Increased limit for catch-up contributions.

    (a) General rule. Under section 402(g)(1)(C), in determining the 
amount of elective deferrals that are includible in gross income under 
section 402(g) for a catch-up eligible participant (within the meaning 
of Sec. 1.414(v)-1(g)), the otherwise applicable dollar limit under 
section 402(g)(1)(B) (as increased under section 402(g)(7), to the 
extent applicable) shall be further increased by the applicable dollar 
catch-up limit as set forth under Sec. 1.414(v)-1(c)(2).
    (b) Participants in multiple plans. Paragraph (a) of this section 
applies without regard to whether the applicable employer plans (within 
the meaning of section 414(v)(6)) treat the elective deferrals as catch-
up contributions. Thus, a catch-up eligible participant who makes 
elective deferrals under applicable employer plans of two or more 
employers that in total exceed the applicable dollar amount under 
section 402(g)(1) by an amount that does not exceed the applicable 
dollar catch-up limit under either plan may exclude the elective 
deferrals from gross income, even if neither applicable employer plan 
treats those elective deferrals as catch-up contributions.
    (c) Effective date--(1) Statutory effective date. Section 
402(g)(1)(C) applies to contributions in taxable years beginning on or 
after January 1, 2002.
    (2) Regulatory effective date. Paragraphs (a) and (b) of this 
section apply to contributions in taxable years beginning on or after 
January 1, 2004.

[T.D. 9072, 68 FR 40515, July 8, 2003]