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CHAPTER 11: INSURANCE, ANNUITIES, AND RETIREMENT

PLANS

Chapters 10 and 11 deal with the interaction between life insurance

and annuity contracts and retirement plans. Chapter 10 covers the

special set of “required minimum distribution rules” for immediate

annuities purchased in defined contribution plans. Chapter 11

covers life insurance and all other aspects of annuity contracts.

This Chapter explains the tax consequences (to the participant and beneficiaries) of life

insurance held inside a retirement plan

. ¶ 11.2

explains the

income tax

rules applicable to the plan

participant and his beneficiaries when life insurance is held in a qualified retirement plan (QRP).

¶ 11.3

discusses the choices regarding the policy that arise at the participant’s retirement. See

¶ 11.4

for the

estate tax

consequences and other planning considerations with respect to plan-

owned life insurance.

This book discusses plan-owned life insurance only from the perspective of the participant

and beneficiaries. Rules that are of concern only at the plan level (such as the limits on how much

life insurance may be purchased in a QRP, and ERISA fiduciary investment rules) are beyond the

scope of this book. For other sources, see the

Bibliography .

Similarly, the analysis of insurance

products is beyond the scope of this book.

The Chapter begins with an assortment of retirement plan tax rules related insurance and

annuity contracts

( ¶ 11.1 )

and ends with comments on various planning ideas involving insurance

and retirement plans

( ¶ 11.5 )

.

11.1 Miscellaneous Retirement/Insurance Rules

Thi

s ¶ 11.1 c

ollects miscellaneous retirement plan tax rules related to insurance and annuity

contracts.

See also

¶ 9.4.07

(exception to the 10% penalty on pre-age-59½ distributions for certain

health insurance premiums of an unemployed person).

11.1.01

The three valuation rules for annuity contracts

Strangely, annuity contracts held in a retirement plan or IRA are valued in different ways

for different purposes.

Rule #1: Valuation for purposes of required minimum distributions. Reg.

§ 1.401(a)(9)-6 ,

A-12(a), explains how an annuity contract held inside a defined contribution (DC) plan is to be

valued for RMD purposes. The method described here may NOT be used to value a contract for

purposes of a Roth IRA conversion (see Rule #3).

Prior to the Annuity Starting Date

( ¶ 10.2.02 )

, a variable annuity resembles a mutual fund

portfolio held in an annuity “wrapper.” A variable annuity contract, until it is annuitized, behaves

like a DC plan. The contract has a cash value which is like an account balance in a DC plan; it

fluctuates with investment performance.

Not surprisingly, the regulations treat variable annuity contracts according to the DC plan

rules for RMD purposes. Reg.

§ 1.401(a)(9)-6 ,

A-12(a). The participant determines his RMD with