PolicyBrief
S. 3333
119th CongressDec 3rd 2025
Emergency Savings Enhancement Act of 2025
IN COMMITTEE

This act enhances emergency savings by increasing the mandatory cash-out limit for retirement plans and raising the annual contribution limit for Roth contributions to $\$5,000$.

Todd Young
R

Todd Young

Senator

IN

LEGISLATION

Retirement Savings Bill Doubles Roth Limit to $5,000—But Forces Cash-Outs for Small Balances

The aptly named Emergency Savings Enhancement Act of 2025 is trying to tackle two big issues in retirement savings, but it’s doing so with a mix of sweet incentives and a slightly bitter pill. Essentially, this bill (Sections 2 & 3) changes the rules for how much you can stash away in Roth accounts at work and how easily your old 401(k) balance can be kicked out of the plan when you change jobs. These changes are slated to hit the books for tax years starting after December 31, 2026 (Sec. 4).

The Good News: Maxing Out Your Roth

If you’re the type who likes to pay taxes now to enjoy tax-free growth later—that is, you love your Roth contributions—this bill is giving you some extra room to maneuver. Currently, the annual limit for Roth contributions to employer-sponsored defined contribution plans is $2,500. This bill doubles that limit to $5,000 (Sec. 3). This is a big win for younger workers or those looking to aggressively build a tax-free nest egg. For someone in their late 20s, that extra $2,500 invested annually and growing tax-free for decades can turn into a serious chunk of change by retirement. It’s a clear boost for personal savings.

The Catch: Mandatory Cash-Outs Get Double the Power

Now for the part that might make you a little nervous if you’re job-hopping or have a small retirement balance sitting with an old employer. The bill increases the mandatory cash-out limit under ERISA from $2,500 to $5,000 (Sec. 2). What does this mean in plain English? If you leave a job and your vested 401(k) or retirement account balance is $5,000 or less, your former employer’s plan administrator can automatically send you a check for that money without your permission.

Before this bill, only balances up to $2,500 could be automatically cashed out. Raising this threshold to $5,000 means a lot more people will be involuntarily forced out of their retirement plans. For workers who have balances between $2,501 and $5,000, this could be a major headache. Instead of having that money roll over tax-deferred into an IRA or a new employer’s plan, they’ll get a check. Unless they immediately roll that money over themselves, they could face a 10% early withdrawal penalty (if under age 59½) plus the full amount being taxed as income. This is a huge risk for people who might not be financially savvy or who are just busy trying to settle into a new job. While this change simplifies administration for the plan, it shifts the burden—and the tax liability—onto the departing employee.

Who Counts as an Eligible Saver?

Both the ERISA and Internal Revenue Code sections are updated to clarify the definition of an “eligible participant” for these plans. The new language states that an eligible participant is simply anyone who meets the plan’s own age, service, and other eligibility requirements (Sec. 2 & 3). This simplifies the statutory language, essentially deferring to the internal rules of the individual retirement plan to determine who can participate. It’s a technical update, but it confirms that plan rules are the gatekeepers here.

Overall, this bill presents a financial trade-off. It offers a clear path to enhanced tax-free savings for those who can afford to contribute more to Roth accounts. However, it simultaneously increases the risk of premature, forced distributions for the same group of working Americans who are trying to build those small, foundational retirement balances. For anyone leaving a job with a balance under five grand, you’ll need to be extra vigilant about what happens to your money after you walk out the door.