§401(h) Domination/Rules & Limits

§401(h) Contribution Limits: The 25% Subordination Rule

6 min read

There is no fixed-dollar annual limit on §401(h) contributions. Instead, IRC §401(h)(1) requires that the medical benefit be 'subordinate' to the retirement benefit — interpreted by the IRS as a 25% cumulative cap.

The 25% rule, restated

Cumulative §401(h) contributions cannot exceed 25% of cumulative aggregate contributions made to the DB plan, including the §401(h) sub-account itself. The test is cumulative, not annual — which gives some flexibility year to year.

A worked example

A practice contributes $300,000 per year to a cash balance plan. The combined 'aggregate' annual contribution including §401(h) capacity is $375,000, of which the §401(h) portion is $75,000 — exactly 25% of the combined total ($75,000 ÷ $375,000 = 20%, well inside the cap on a cumulative basis).

Modeling capacity correctly

Because the rule is cumulative, early-year §401(h) underfunding creates room in later years, and vice versa. Most actuaries set the annual §401(h) contribution as a fixed percentage of the cash balance contribution so that the cumulative ratio stays well under 25% across the plan's life.

What happens at the cap

Once cumulative §401(h) contributions approach the 25% threshold, additional contributions must wait until subsequent DB contributions rebuild the headroom. The plan does not 'overflow' or trigger excise tax — it simply caps further §401(h) funding.

Educational only. This page is for general education on §401(h) accounts and qualified retirement plan design. It is not individualized investment, tax, or legal advice. Consult a qualified fiduciary advisor, enrolled actuary, and ERISA counsel before adopting a §401(h) sub-account.
FAQ

Frequently Asked Questions

Is the 25% an annual or cumulative test?

Cumulative — measured across the life of the plan.

What counts toward the denominator?

All employer contributions to the DB plan plus the §401(h) sub-account itself.

What happens if we exceed 25%?

Excess contributions are not deductible and can disqualify the medical sub-account. Most plans target a buffer below 25%.