(1) for any year in an amount greater than the
lesser of—
‘‘(i) the amount of the elective defer-
rals the participant may otherwise make
under the plan for such year (determined
without regard to this subsection, sub-
section (u), or any limitation described in
subparagraph (C)(i)), or
‘‘(ii) the excess (if any) of—
‘‘(I) 120 percent of the dollar
limitation in effect under section
402(g), 
408(p), 
or 
457(b)(2)(A),
whichever is applicable, for taxable
years beginning in the calendar year
in which the plan year begins, over
‘‘(II) any other elective deferrals
of the participant for such year which
are made without regard to this sub-
section.
‘‘(C) TREATMENT OF CONTRIBUTIONS.—In
the case of any contribution to a plan under
paragraph (1) (and any employer matching con-
tribution with respect thereto)—
‘‘(i) such contribution shall not, with
respect to the year in which the contribu-
tion is made—
‘‘(I) be subject to any otherwise
applicable limitation contained in sec-
tion 402(g), 402(h), 403(b), 404(a),
404(h), 408, 415, or 457, or
‘‘(II) be taken into account in ap-
plying such limitations to other con-
tributions or benefits under such plan
or any other such plan, and
‘‘(ii) except as provided in subpara-
graph (D)(i), such plan shall not be treat-
ed as failing to meet the requirements of
section 401(a)(4), 401(a)(26), 401(k)(3),
401(k)(11), 
401(k)(12), 
401(m),
403(b)(12), 408(k), 408(p), 410(b), or 416
by reason of the making of (or the right to
make) such contribution.
‘‘(D) MATCHING CONTRIBUTIONS.—Noth-
ing in subparagraph (A) shall require an em-
ployer to make any matching contribution with
respect to any additional elective deferrals
under paragraph (1) for any year, but if the
employer elects to make any such matching
contribution—
‘‘(i) 
the 
requirements 
of 
section
401(a)(4) shall be applied separately to all
such matching contributions made during
a year, and
‘‘(ii) the amount of any such match-
ing contribution may not exceed the maxi-
mum amount which could have been made
under the terms of the plan in effect for
elective deferrals made for such year with-
out regard to this subsection.
‘‘(E) 
CERTIFICATION
OF
CATCHUP
YEARS.—
‘‘(i) 
IN
GENERAL.—A 
participant
making additional elective deferrals under
paragraph (1) for any year shall certify to
the plan administrator that—
‘‘(I) the participant is an eligible
participant, and
‘‘(II) the year is a catchup year.
‘‘(ii) CATCHUP
YEAR.—An eligible
participant may certify 1 or more years as
catchup years, except that the total num-
ber of years which may be certified shall
not exceed the excess (if any) of—
‘‘(I) the number of years (not in
excess of 18) described in paragraph
(3) occurring before the year in ques-
tion, over
‘‘(II) the number of years pre-
viously certified by the participant
under this subsection.
‘‘(iii) PLANS NOT RESPONSIBLE FOR
CERTIFICATION
FAILURES.—A plan shall
not be treated as failing to meet the re-
quirements of this subsection by reason of
reliance on an incorrect certification under
this subparagraph unless the plan adminis-
trator knew, or reasonably should have
known, that the certification was incorrect.
‘‘(3) ELIGIBLE PARTICIPANT.—For purposes of
this subsection, the term ‘eligible participant’ means,
with respect to any year, a participant in a plan
who, for any calendar year before the calendar year
in which the year begins—
‘‘(A) was not an active participant (within
the meaning of section 219(g)(5)) for any plan
year beginning in the calendar year, and
‘‘(B) had a child or stepchild who had not
attained age 18 with respect to whom a deduc-
tion was allowed under section 151 to the par-
ticipant (or the participant’s spouse) for a tax-
able year beginning in the calendar year.
‘‘(4) OTHER
DEFINITIONS
AND
RULES.—For
purposes of this subsection—
‘‘(A) ELECTIVE
DEFERRAL.—The term
‘elective deferral’ has the meaning given such
term by subsection (u)(2)(C). Such term shall
also include after-tax employee contributions
described in subsection (u)(2)(D).
‘‘(B) PLAN.—The term ‘plan’ includes any
arrangement under section 408 (k) or (p).
‘‘(C) 
CERTAIN
RETROACTIVE
ADJUST-
MENTS NOT REQUIRED.—For purposes of this
subchapter and subchapter E, the rules of sub-
section (u)(3) shall apply.’’
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to contributions in taxable years
beginning after December 31, 1999.
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