From IRS Newswire <[email protected]>
Subject IR-2025-91: Treasury, IRS issue final regulations on new Roth catch-up rule, other SECURE 2.0 Act provisions
Date September 15, 2025 1:11 PM
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IRS Newswire September 15, 2025

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Issue Number:    IR-2025-91

Inside This Issue
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*Treasury, IRS issue final regulations on new Roth catch-up rule, other SECURE 2.0 Act provisions*

IR-2025-91, Sept. 15, 2025

WASHINGTON —The Department of the Treasury and the Internal Revenue Service today issued final regulations [ [link removed] ] addressing several SECURE 2.0 Act provisions relating to catch-up contributions. (Catch-up contributions are additional contributions under a 401(k) or similar workplace retirement plan for employees who are age 50 or older.) The final regulations include final rules related to a SECURE 2.0 Act provision requiring that catch-up contributions made by certain higher-income participants be designated as after-tax Roth contributions.

The final regulations provide guidance for plan administrators to implement and comply with the new Roth catch-up rule and reflect comments received in response to the proposed regulations issued in January.

The final regulations also provide guidance relating to increased catch-up contribution limits under the SECURE 2.0 Act for certain retirement plan participants, in particular employees between the ages of 60-63 and employees in newly established SIMPLE plans.

*Final regulations differ from the proposed regulations*

While the final regulations generally follow the proposed regulations, changes were made in response to comments received on the proposed regulations. For example, the final regulations permit a plan administrator to aggregate wages received by a participant in the prior year from certain separate common law employers in determining whether the participant is subject to the Roth catch-up requirement.

In addition, the final regulations include changes to certain provisions in the proposed regulations, including those relating to:


* correction of a failure to comply with the Roth catch-up requirement,
* implementation of a deemed Roth election, and
* plans that cover participants in Puerto Rico.

*Final regulations generally apply in 2027*

The provisions in the final regulations relating to the Roth catch-up requirement generally apply to contributions in taxable years beginning after Dec. 31, 2026. However, the final regulations provide a later applicability date for certain governmental plans and plans maintained under a collective bargaining agreement. The final regulations also permit plans to implement the Roth catch-up requirement for taxable years beginning before 2027 using a reasonable, good faith interpretation of statutory provisions. The final regulations do not extend or modify the administrative transition period provided under Notice 2023-62 [ [link removed] ], which generally ends on Dec. 31, 2025.

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