§1.402(g)-1   Limitation on exclusion for elective deferrals.

(a) In general.

(b) Elective deferrals.

(c) Certain one-time irrevocable elections.

(d) Applicable limit.

(1) In general.

(2) Special adjustment for elective deferrals with respect to a section 403(b) annuity contract.

(3) Special adjustment for elective deferrals with respect to a section 403(b) annuity contract for certain long-term employees.

(4) Example.

(e) Treatment of excess deferrals.

(1) Plan qualification.

(i) Effect of excess deferrals.

(ii) Treatment of excess deferrals as employer contributions.

(iii) Definition of excess deferrals.

(2) Correction of excess deferrals after the taxable year.

(3) Correction of excess deferrals during taxable year.

(4) Plan provisions.

(5) Income allocable to excess deferrals.

(i) General rule.

(ii) Method of allocating income.

(iii) Alternative method of allocating income.

(iv) Safe harbor method of allocating gap period income.

(6) Coordination with distribution or recharacterization of excess contributions.

(7) No employee or spousal consent required.

(8) Tax treatment.

(i) Corrective distributions on or before April 15 after close of taxable year.

(ii) Special rule for 1987 and 1988 excess deferrals.

(iii) Distributions of excess deferrals after correction period.

(9) No reduction of required minimum distribution.

(10) Partial correction.

(11) Examples.

(f) Community property laws.

(g) Effective date.

(1) In general.

(2) Deferrals under collective bargaining agreements.

(3) Transition rule.

(4) Partnership cash or deferred arrangements.