ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR CONTRIBUTION LIMIT.

SEC. 603. ELECTIVE DEFERRALS GENERALLY LIMITED TO REGULAR CONTRIBUTION LIMIT.(a) Applicable Employer Plans.—Section 414(v) is amended by adding at the end the following new paragraph:“(7) Certain deferrals must be roth contributions.—“(A) In general.—Except as provided in subparagraph (C), in the case of an eligible participant whose wages (as defined in section 3121(a)) for the preceding calendar year from the employer sponsoring the plan exceed $145,000, paragraph (1) shall apply only if any additional elective deferrals are designated Roth contributions (as defined in section 402A(c)(1)) made pursuant to an employee election. “(B) Roth option.—In the case of an applicable employer plan with respect to which subparagraph (A) applies to any participant for a plan year, paragraph (1) shall not apply to the plan unless the plan provides that any eligible participant may make the participant’s additional elective deferrals as designated Roth contributions. “(C) Exception.—Subparagraph (A) shall not apply in the case of an applicable employer plan described in paragraph (6)(A)(iv).136 STAT. 5392 “(D) Election to change deferrals.—The Secretary may provide by regulations that an eligible participant may elect to change the participant’s election to make additional elective deferrals if the participant’s compensation is determined to exceed the limitation under subparagraph (A) after the election is made. “(E) Cost of living adjustment.—In the case of a year beginning after December 31, 2024, the Secretary shall adjust annually the $145,000 amount in subparagraph (A) for increases in the cost-of-living at the same time and in the same manner as adjustments under 415(d); except that the base period taken into account shall be the calendar quarter beginning July 1, 2023, and any increase under this subparagraph which is not a multiple of $5,000 shall be rounded to the next lower multiple of $5,000.” . (b) Conforming Amendments.—(1) Section 402(g)(1) is amended by striking subparagraph (C). (2) Section 457(e)(18)(A)(ii) is amended by inserting “the lesser of any designated Roth contributions made by the participant to the plan or” before “the applicable dollar amount”. (c) Effective Date.—The amendments made by this section shall apply to taxable years beginning after December 31, 2023.