The IRS has issued interim guidance for sponsors of 401(k) and similar retirement plans that provide matching contributions based on eligible student loan payments made by their participating employees.
The interim guidance, Notice 2024-63, implements Section 110 of the SECURE 2.0 Act of 2022, which "allows employers to make matching contributions on account of employees’ qualified student loan payments (QSLPs) under section 401(k) plans, section 403(b) plans, SIMPLE IRA plans, and governmental section 457(b) plans (QSLP matches),” and which “applies to contributions made for plan years beginning after December 31, 2023.”
The guidance states that "Section 221(d)(1) of the Internal Revenue Code ... defines a qualified
education loan as any indebtedness incurred by a taxpayer solely to pay qualified
higher education expenses, subject to the conditions of section 221(d)(1)(A)-(C), which
provide that the qualified higher education expenses must be (i) incurred on behalf of
the taxpayer, the taxpayer’s spouse, or any dependent of the taxpayer as of the time the
indebtedness was incurred, (ii) paid or incurred within a reasonable period of time
before or after the indebtedness is incurred, and (iii) attributable to education furnished
during a period during which the recipient was an eligible student."
According to the IRS announcement, the guidance addresses a number of plan-administration issues, including the following:
● General student loan matching contribution eligibility rules (including dollar and timing limitations);
● What is required for an employee certification that student loan matching contribution requirements have been met;
● Reasonable student loan matching contribution procedures that a plan may adopt; and
● Special nondiscrimination testing relief for 401(k) plans that include student loan matching contributions.
The notice applies for plan years beginning after Dec. 31, 2024. In the notice, the IRS said it plans to issue proposed regulations providing further guidance on Section 110, but that plan sponsors may rely on the notice until the proposed regulations are issued.
The IRS also said that it welcomes public comments on this notice, which provides details on how to submit them.