Special rules relating to church plans
(A) Alternative contribution limitation
(A)Alternative contribution limitation#
(i) In general Notwithstanding any other provision of this subsection, at the election of a participant who is an employee of a church or a convention or association of churches, including an organization described in section 414(e)(3)(B)(ii), contributions and other additions for an annuity contract or retirement income account described in section 403(b) with respect to such participant, when expressed as an annual addition to such participant’s account, shall be treated as not exceeding the limitation of paragraph (1) if such annual addition is not in excess of $10,000.
(ii) $40,000 aggregate limitation The total amount of additions with respect to any participant which may be taken into account for purposes of this subparagraph for all years may not exceed $40,000.
(A)(i)In general#
Notwithstanding any other provision of this subsection, at the election of a participant who is an employee of a church or a convention or association of churches, including an organization described in section 414(e)(3)(B)(ii), contributions and other additions for an annuity contract or retirement income account described in section 403(b) with respect to such participant, when expressed as an annual addition to such participant’s account, shall be treated as not exceeding the limitation of paragraph (1) if such annual addition is not in excess of $10,000.
(A)(ii)$40,000 aggregate limitation#
(B)Number of years of service for duly ordained, commissioned, or licensed ministers or lay employees#
For purposes of this paragraph—
(i) all years of service by— (I) a duly ordained, commissioned, or licensed minister of a church, or (II) a lay person,
as an employee of a church, a convention or association of churches, including an organization described in section 414(e)(3)(B)(ii), shall be considered as years of service for 1 employer, and
(ii) all amounts contributed for annuity contracts by each such church (or convention or association of churches) or such organization during such years for such minister or lay person shall be considered to have been contributed by 1 employer.
(B)(i)#
all years of service by—
(I) a duly ordained, commissioned, or licensed minister of a church, or
(II) a lay person,
(B)(i)(I)#
a duly ordained, commissioned, or licensed minister of a church, or
(B)(i)(II)#
(C)Foreign missionaries#
In the case of any individual described in subparagraph (B) performing services outside the United States, contributions and other additions for an annuity contract or retirement income account described in section 403(b) with respect to such employee, when expressed as an annual addition to such employee’s account, shall not be treated as exceeding the limitation of paragraph (1) if such annual addition is not in excess of $3,000. This subparagraph shall not apply with respect to any taxable year to any individual whose adjusted gross income for such taxable year (determined separately and without regard to community property laws) exceeds $17,000.
(D)Annual addition#
For purposes of this paragraph, the term “annual addition” has the meaning given such term by paragraph (2).
(E)Church, convention or association of churches#
For purposes of this paragraph, the terms “church” and “convention or association of churches” have the same meaning as when used in section 414(e).