Peter Thiel’s $5 billon tax-free account spurred a new 401(k) rule that now impacts high-earning Americans over 50

Older workers who earn above certain thresholds will soon lose the ability to make pre-tax 401(k) catch-up contributions, a shift that could reshape retirement planning for high earners while leaving core limits intact for everyone else. Starting with tax years beginning after Dec. 31, 2026, catch-up contributions for workers age 50 and older who exceeded $145,000 in prior-year wages must be made on a Roth (after-tax) basis, with the IRS confirming the timeline in final regulations and maintaining a transition period through 2025 for plan administration.

The Roth catch-up change stems from Section 603 of the SECURE 2.0 Act of 2022, which requires age‑50+ catch-up contributions made by higher earners to be designated as Roth (after‑tax) rather than pre‑tax, with the intent of raising near‑term federal revenue while preserving catch‑up access and boosting tax‑free retirement balances over time. The change reflects a bipartisan legislative compromise to fund SECURE 2.0’s broader retirement enhancements by accelerating tax revenue via Roth treatment for high earners’ catch‑ups. It stems from legislation pushed forward by then-Finance Committee Chairman Ron Wyden, who said in 2021 that he was motivated by revelations in ProPublica about Silicon Valley billionaire Peter Thiel’s $5 billion tax-free account. Now every upper-middle-class American retiree will now be impacted by the resulting change.

Congress has set the earnings trigger at more than $145,000 of prior‑year FICA wages from the plan sponsor, indexed for inflation, and directed the Treasury and IRS to issue implementing regulations to operationalize the income look‑back and plan administration details across 401(k), 403(b), and governmental 457(b) plans.

What’s changing

• The SECURE 2.0 mandate requires high earners age 50+ to direct catch-up contributions to Roth, meaning taxes are paid now and withdrawals are tax-free later, while those at or below the threshold can still choose pre-tax catch-ups; the $145,000 threshold is indexed to inflation and measured on prior-year wages from the sponsoring employer.
• For 2025, the employee deferral limit is $23,500 and the standard age-50+ catch-up is $7,500, with a new “super” catch-up for ages 60–63 of $11,250 (150% of the standard catch-up) that plans may adopt; these amounts are central to near-retiree planning in 2025 and beyond.
• Final regulations generally apply in 2027, but compliance with the Roth catch-up requirement is required beginning with the 2026 tax year; plan sponsors could adopt earlier using a reasonable, good-faith interpretation during the transition.

• High earners age 50+ will see reduced upfront tax breaks when making catch-ups because contributions must be after-tax, potentially increasing current-year tax bills; however, Roth treatment can be advantageous if future tax rates are higher or for those valuing tax-free withdrawals and estate flexibility.
• Plans without a Roth feature must add one or else bar high earners from making catch-ups, creating practical stakes for employers and participants in late 2025 planning cycles; the rules also clarify wage aggregation for certain related employers to determine “high earner” status.
• For those age 60–63, the larger catch-up can accelerate late-stage saving, though high earners in that band will still face Roth-only treatment for those extra dollars once the rule is in force.

• Fortune has highlighted the 2025 increase in 401(k) deferral limits and the arrival of enhanced catch-up contributions for ages 60–63, underscoring how late-career savers can use bigger windows to close gaps before retirement while navigating new Roth requirements ahead.
• In broader retirement reporting, Fortune has tracked rising “magic number” targets and state-by-state longevity of savings, reflecting escalating expectations and cost differences that amplify the importance of contribution flexibility and tax diversification strategies.
• This evolving policy backdrop arrives as Americans reassess whether they are on track, with market volatility and inflation perceptions influencing savings behavior and confidence in meeting retirement goals documented across industry and survey data cited in retirement coverage.

• Multiple surveys suggest Americans believe they need roughly $1.26 million to retire comfortably in 2025, down from 2024’s estimate but still far above typical balances, signaling a persistent gap between targets and actual savings; this “magic number” has stabilized near pre-2024 levels.
• Average 401(k) balances vary by age, with mid-to-late career savers holding higher balances but medians much lower than averages; many participants rely heavily on workplace plans, yet confidence often masks shortfalls relative to perceived needs.
• Recent polling shows that a majority feel more on track in 2025 compared to 2024, although optimism may conceal risks such as sequence-of-returns, longevity, and health costs, reinforcing the value of higher catch-up allowances and disciplined escalation when available.
• Investopedia recently evaluated whether the “American Dream” is achievable, and calculated its lifetime cost at just over $5 million.

• Consider a 50-year-old making the standard $7,500 catch-up for 15 years at a 5% annual return; under pre-tax rules, the account grows to about $161,839, which after a 22% retirement tax leaves roughly $126,235 in spendable value.
• Under Roth-only treatment for high earners, if the saver keeps paycheck impact the same (i.e., contributes the after-tax equivalent assuming a 32% current tax rate, about $5,100 per year), the Roth balance after 15 years would be about $110,051 tax-free—less than the after-tax pre-tax scenario, reflecting the higher current tax cost for the same paycheck outlay.
• If the high earner instead contributes the full $7,500 to Roth (accepting the larger current tax bill), the tax-free Roth balance equals the pre-tax account’s gross $161,839, yielding more spendable value than the taxed pre-tax account; the outcome hinges on current vs. future tax rates, contribution capacity, and whether the saver can afford the higher after-tax cash flow now.

• Employers must finalize plan changes, including adding Roth features and operationalizing wage look-backs, deemed Roth elections, and participant notices, with the transition period ending Dec. 31, 2025, and mandatory compliance beginning in 2026.
• Participants age 60–63 should verify whether their plan offers the super catch-up and how it interacts with Roth requirements, especially for higher earners, to avoid unintended contribution blocks or tax surprises.
• The IRS’ final regulations allow certain employer wage aggregation and outline correction paths, easing administration but keeping the focus on timely updates and clear participant communications before the new rules bite.

Fortune Global Forum returns Oct. 26–27, 2025 in Riyadh. CEOs and global leaders will gather for a dynamic, invitation-only event shaping the future of business. Apply for an invitation.