26 U.S. Code § 402A - Optional treatment of elective deferrals as Roth contributions
The term “qualified Roth contribution program” means a program under which an employee may elect to make designated Roth contributions in lieu of all or a portion of elective deferrals the employee is otherwise eligible to make under the applicable retirement plan.
Any rollover contribution to a designated Roth account under subparagraph (A) shall not be taken into account for purposes of paragraph (1).
In the case of an applicable retirement plan which includes a qualified Roth contribution program, this paragraph shall apply to a distribution from such plan other than from a designated Roth account which is contributed in a qualified rollover contribution (within the meaning of section 408A(e)) to the designated Roth account maintained under such plan for the benefit of the individual to whom the distribution is made.
Any distribution to which this paragraph applies shall not be taken into account for purposes of paragraph (1).
The rules of subparagraphs (D), (E), and (F) of section 408A(d)(3) (as in effect for taxable years beginning after 2009) shall apply for purposes of this paragraph.
Any qualified distribution from a designated Roth account shall not be includible in gross income.
The term “qualified distribution” has the meaning given such term by section 408A(d)(2)(A) (without regard to clause (iv) thereof).
The term “qualified distribution” shall not include any distribution of any excess deferral under section 402(g)(2) or any excess contribution under section 401(k)(8), and any income on the excess deferral or contribution.
2014—Subsec. (c)(4)(E)(iii). Pub. L. 113–295 substituted “403(b)(7)(A)(ii)” for “403(b)(7)(A)(i)”.
2013—Subsec. (c)(4)(E). Pub. L. 112–240 added subpar. (E).
2010—Subsec. (c)(4). Pub. L. 111–240, § 2112(a), added par. (4).
Subsec. (e)(1)(C). Pub. L. 111–240, § 2111(a), added subpar. (C).
Subsec. (e)(2). Pub. L. 111–240, § 2111(b), 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).”
Written determinations for this section
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