Legal Blog

Weekly Scenario: Two Employers and Two Retirement Plans

Question: I work for two employers and am covered under retirement plans offered by both of my employers.  Can I contribute the maximum salary deferral amount under both retirement plans?

Answer: Essentially no! (with one exception). Regardless of the number of 401(k)s, 403(b)s and SIMPLE IRAs, the aggregate salary deferral contributions to those plans cannot exceed $19,000, plus catch-up contributions of $6,000 for those who are at least 50 by the end of the year. This includes any designated Roth accounts, such as a Roth 401(k).

For 2019, the salary deferral limit is the lesser of 100% of compensation or $19,000, plus a catch-up contribution of $6,000 for those who are at least age 50 by the end of the year. That one exception applies to Governmental 457(b) plans. They allow salary deferral contributions up to $19,000, plus catch-up contributions of $6,000 to a 457(b) plan. This is in addition to any salary deferral contributions made to SIMPLE IRAs, 401(k)s and/or 403(b)s.



As always, if you have any questions or would like to learn more, please contact Steve Shane at or 301.575.0313.


Steve Shane Casual | 301.575.0313

Steve Shane provides strategic counseling to clients in need of estate administration, charitable giving and business continuity planning while minimizing estate, gift, and generation-skipping transfer tax exposure. He offers legal guidance to clients on asset protection and the proper disposition of assets in accordance with the client’s objectives, while employing tax planning techniques such as the use of irrevocable trusts, life insurance planning, lifetime gifts and charitable trust. He is also experienced with drafting documents for business planning, the incorporation and application for exemption for Private Foundations and the administration of decedents’ estates.





Offit Kurman is one of the fastest-growing, full-service law firms in the mid-Atlantic region. With over 185 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients along the I95 corridor in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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