26 U.S. Code § 79 - Group-term life insurance purchased for employees
For purposes of this section and section 6052, the cost of group-term insurance on the life of an employee provided during any period shall be determined on the basis of uniform premiums (computed on the basis of 5-year age brackets) prescribed by regulations by the Secretary.
A plan does not meet the requirements of paragraph (2)(B) unless all benefits available to participants who are key employees are available to all other participants.
A plan shall not fail to meet the requirements of paragraph (2)(B) merely because the amount of life insurance on behalf of the employees under the plan bears a uniform relationship to the total compensation or the basic or regular rate of compensation of such employees.
For purposes of this subsection, the term “key employee” has the meaning given to such term by paragraph (1) of section 416(i). Such term also includes any former employee if such employee when he retired or separated from service was a key employee.
For purposes of this section, the term “employee” includes a former employee.
Subsection (b)(3) and section 72(m)(3) shall not apply in the case of any cost paid (whether directly or indirectly) with assets held in an applicable life insurance account (as defined in section 420(e)(4)) under a defined benefit plan.
2012—Subsec. (f). Pub. L. 112–141 added subsec. (f).
1990—Subsec. (d)(6). Pub. L. 101–508 substituted “any former employee” for “any retired employee”.
Subsec. (d)(7). Pub. L. 101–140, § 203(b)(1)(A), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “All employees who are treated as employed by a single employer under subsection (b), (c), or (m) of section 414 shall be treated as employed by a single employer for purposes of this section.”
1988—Subsec. (c). Pub. L. 100–647 struck out at end “In the case of an employee who has attained age 64, the cost prescribed shall not exceed the cost with respect to such individual if he were age 63.”
1986—Subsec. (d). Pub. L. 99–514, § 1151(c)(1), amended subsec. (d) generally, substituting “In the case of a group-term life insurance plan which is a discriminatory employee benefit plan, subsection (a)(1) shall apply only to the extent provided in section 89.” for provisions formerly designated as pars. (1)(A) and (B) that in the case of a discriminatory group-term life insurance plan subsec. (a)(1) shall not apply with respect to any key employee and the cost of group-term life insurance on the life of any key employee shall be determined without regard to subsec. (c), and striking out pars. (2) to (7) relating to classifications and eligibility classifications of nondiscriminatory plans.
Subsec. (d)(1)(B). Pub. L. 99–514, § 1827(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the cost of group-term life insurance on the life of any key employee shall be determined without regard to subsection (c).”
Subsec. (d)(6). Pub. L. 99–514, § 1827(c), struck out “, except that subparagraph (A)(iv) of such paragraph shall be applied by not taking into account employees described in paragraph (3)(B) who are not participants in the plan” from first sentence and inserted provision that such term also includes any retired employee if such employee when he retired or separated from service was a key employee.
Subsec. (d)(8). Pub. L. 99–514, § 1827(d), added par. (8).
1984—Subsec. (b)(1). Pub. L. 98–369, § 223(a)(2), struck out “either has reached the retirement age with respect to such employer or” before “is disabled”.
Subsec. (d)(1). Pub. L. 98–369, § 223(b), designated existing provisions as subpar. (A) and added subpar. (B).
Subsec. (e). Pub. L. 98–369, § 223(a)(1), added subsec. (e).
1982—Subsec. (d). Pub. L. 97–248 added subsec. (d).
1976—Subsec. (c). Pub. L. 94–455 struck out “or his delegate” after “Secretary”.
1965—Subsec. (b)(1). Pub. L. 89–97 substituted “section 72(m)(7)” for “paragraph (3) of section 213(g), determined without regard to paragraph (4) thereof”.
Amendment by section 1827(c), (d) of Pub. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Pub. L. 98–369, div. A, to which such amendment relates, see section 1881 of Pub. L. 99–514, set out as a note under section 48 of this title.
No monies appropriated by Pub. L. 101–136 to be used to implement or enforce section 1151 of Pub. L. 99–514 or the amendments made by such section, see section 528 of Pub. L. 101–136, set out as a note under section 89 of this title.
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title.
Written determinations for this section
These documents, sometimes referred to as "Private Letter Rulings", are taken from the IRS Written Determinations page; the IRS also publishes a fuller explanation of what they are and what they mean. The collection is updated (at our end) daily. It appears that the IRS updates their listing every Friday.
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We truncate results at 20000 items. After that, you're on your own.
- Fringe Benefits : 2013-12-13
- Fringe Benefits : 2005-01-14
- Applicability of Section : 2005-01-14
- Inclusion in Employee Income : 2005-01-14
- Disqualified Benefits : 2002-03-08
- Income Accruing to the State : 2002-03-08
- Qualified Asset Account Limitations on Additions to Account See Also 419.00-00 et. seq. : 2002-03-08
- Individual Retirement Accounts : 2001-04-27
- Cafeteria Plans : 2001-04-27
- Year of Inclusion in Gross Income : 2001-04-27
- Inclusion in Employee Income : 2001-04-27
- Determination of Cost of Insurance : 2001-04-27
- Fringe Benefits : 2000-08-18
- Constructive Receipt : 2000-02-18
- When Includible in Gross Income : 2000-02-18
- Dependent Care Assistance Programs : 2000-02-18
- Insurance Benefits : 2000-01-14
- Definition : 1999-05-28
- Inclusion in Employee Income : 1999-05-28
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