Section 603 of the SECURE 2.0 Act of 2022 (SECURE 2.0) requires that catch-up contributions for individuals whose wages exceed $145,000 are subject to mandatory Roth tax treatment effective as of January 1, 2024. Due to the complexities of implementing and administering this new requirement, many employers have stalled efforts to comply with this provision while awaiting guidance from the Internal Revenue Service (IRS). Late last week, the IRS issued Notice 2023-62, which provides for an “administrative transition period” until January 1, 2026. During this administrative transition period, a plan will not violate the new rules applicable to catch-up contributions if high earners are permitted to make catch-up contributions on a pre-tax basis. This transition relief allows plans to continue to offer catch-up contributions on a pre-tax basis for all participants, even those that earn more than $145,000 in the prior year.

Notice 2023-62 also indicates that the IRS intends to issue additional guidance on how Section 603 of SECURE 2.0 should be interpreted. With the implementation date pushed back to January 1, 2026, plan sponsors can move on to other priorities and wait for the additional guidance. For additional information on the SECURE 2.0 changes, here is a link to our recent newsletter.