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§ 7702. —  Life insurance contract defined.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 26USC7702]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                Subtitle F--Procedure and Administration
 
                         CHAPTER 79--DEFINITIONS
 
Sec. 7702. Life insurance contract defined


(a) General rule

    For purposes of this title, the term ``life insurance contract'' 
means any contract which is a life insurance contract under the 
applicable law, but only if such contract--
        (1) meets the cash value accumulation test of subsection (b), or
        (2)(A) meets the guideline premium requirements of subsection 
    (c), and
        (B) falls within the cash value corridor of subsection (d).

(b) Cash value accumulation test for subsection (a)(1)

                           (1) In general

        A contract meets the cash value accumulation test of this 
    subsection if, by the terms of the contract, the cash surrender 
    value of such contract may not at any time exceed the net single 
    premium which would have to be paid at such time to fund future 
    benefits under the contract.

                (2) Rules for applying paragraph (1)

        Determinations under paragraph (1) shall be made--
            (A) on the basis of interest at the greater of an annual 
        effective rate of 4 percent or the rate or rates guaranteed on 
        issuance of the contract,
            (B) on the basis of the rules of subparagraph (B)(i) (and, 
        in the case of qualified additional benefits, subparagraph 
        (B)(ii)) of subsection (c)(3), and
            (C) by taking into account under subparagraphs (A) and (D) 
        of subsection (e)(1) only current and future death benefits and 
        qualified additional benefits.

(c) Guideline premium requirements

    For purposes of this section--

                           (1) In general

        A contract meets the guideline premium requirements of this 
    subsection if the sum of the premiums paid under such contract does 
    not at any time exceed the guideline premium limitation as of such 
    time.

                  (2) Guideline premium limitation

        The term ``guideline premium limitation'' means, as of any date, 
    the greater of--
            (A) the guideline single premium, or
            (B) the sum of the guideline level premiums to such date.

                    (3) Guideline single premium

        (A) In general

            The term ``guideline single premium'' means the premium at 
        issue with respect to future benefits under the contract.

        (B) Basis on which determination is made

            The determination under subparagraph (A) shall be based on--
                (i) reasonable mortality charges which meet the 
            requirements (if any) prescribed in regulations and which 
            (except as provided in regulations) do not exceed the 
            mortality charges specified in the prevailing commissioners' 
            standard tables (as defined in section 807(d)(5)) as of the 
            time the contract is issued,
                (ii) any reasonable charges (other than mortality 
            charges) which (on the basis of the company's experience, if 
            any, with respect to similar contracts) are reasonably 
            expected to be actually paid, and
                (iii) interest at the greater of an annual effective 
            rate of 6 percent or the rate or rates guaranteed on 
            issuance of the contract.

        (C) When determination made

            Except as provided in subsection (f)(7), the determination 
        under subparagraph (A) shall be made as of the time the contract 
        is issued.

        (D) Special rules for subparagraph (B)(ii)

            (i) Charges not specified in the contract

                If any charge is not specified in the contract, the 
            amount taken into account under subparagraph (B)(ii) for 
            such charge shall be zero.
            (ii) New companies, etc.

                If any company does not have adequate experience for 
            purposes of the determination under subparagraph (B)(ii), to 
            the extent provided in regulations, such determination shall 
            be made on the basis of the industry-wide experience.

                     (4) Guideline level premium

        The term ``guideline level premium'' means the level annual 
    amount, payable over a period not ending before the insured attains 
    age 95, computed on the same basis as the guideline single premium, 
    except that paragraph (3)(B)(iii) shall be applied by substituting 
    ``4 percent'' for ``6 percent''.

(d) Cash value corridor for purposes of subsection (a)(2)(B)

    For purposes of this section--

                           (1) In general

        A contract falls within the cash value corridor of this 
    subsection if the death benefit under the contract at any time is 
    not less than the applicable percentage of the cash surrender value.

                      (2) Applicable percentage


  In the case of an insured    with an attained age as    of    The applicable percentage    shall decrease by a
          the beginning of the    contract year of:                   ratable portion for each    full year:

                                                But not  more
                  More than:                        than:                    From:                     To:

0............................................              40    250...........................             250
40...........................................              45    250...........................             215
45...........................................              50    215...........................             185
50...........................................              55    185...........................             150
55...........................................              60    150...........................             130
60...........................................              65    130...........................             120
65...........................................              70    120...........................             115
70...........................................              75    115...........................             105
75...........................................              90    105...........................             105
90...........................................              95    105...........................             100.


(e) Computational rules

                           (1) In general

        For purposes of this section (other than subsection (d))--
            (A) the death benefit (and any qualified additional benefit) 
        shall be deemed not to increase,
            (B) the maturity date, including the date on which any 
        benefit described in subparagraph (C) is payable, shall be 
        deemed to be no earlier than the day on which the insured 
        attains age 95, and no later than the day on which the insured 
        attains age 100,
            (C) the death benefits shall be deemed to be provided until 
        the maturity date determined by taking into account subparagraph 
        (B), and
            (D) the amount of any endowment benefit (or sum of endowment 
        benefits, including any cash surrender value on the maturity 
        date determined by taking into account subparagraph (B)) shall 
        be deemed not to exceed the least amount payable as a death 
        benefit at any time under the contract.

          (2) Limited increases in death benefit permitted

        Notwithstanding paragraph (1)(A)--
            (A) for purposes of computing the guideline level premium, 
        an increase in the death benefit which is provided in the 
        contract may be taken into account but only to the extent 
        necessary to prevent a decrease in the excess of the death 
        benefit over the cash surrender value of the contract,
            (B) for purposes of the cash value accumulation test, the 
        increase described in subparagraph (A) may be taken into account 
        if the contract will meet such test at all times assuming that 
        the net level reserve (determined as if level annual premiums 
        were paid for the contract over a period not ending before the 
        insured attains age 95) is substituted for the net single 
        premium, and
            (C) for purposes of the cash value accumulation test, the 
        death benefit increases may be taken into account if the 
        contract--
                (i) has an initial death benefit of $5,000 or less and a 
            maximum death benefit of $25,000 or less,
                (ii) provides for a fixed predetermined annual increase 
            not to exceed 10 percent of the initial death benefit or 8 
            percent of the death benefit at the end of the preceding 
            year, and
                (iii) was purchased to cover payment of burial expenses 
            or in connection with prearranged funeral expenses.

    For purposes of subparagraph (C), the initial death benefit of a 
    contract shall be determined by treating all contracts issued to the 
    same contract owner as 1 contract.

(f) Other definitions and special rules

    For purposes of this section--

                          (1) Premiums paid

        (A) In general

            The term ``premiums paid'' means the premiums paid under the 
        contract less amounts (other than amounts includible in gross 
        income) to which section 72(e) applies and less any excess 
        premiums with respect to which there is a distribution described 
        in subparagraph (B) or (E) of paragraph (7) and any other 
        amounts received with respect to the contract which are 
        specified in regulations.

        (B) Treatment of certain premiums returned to policyholder

            If, in order to comply with the requirements of subsection 
        (a)(2)(A), any portion of any premium paid during any contract 
        year is returned by the insurance company (with interest) within 
        60 days after the end of a contract year, the amount so returned 
        (excluding interest) shall be deemed to reduce the sum of the 
        premiums paid under the contract during such year.

        (C) Interest returned includible in gross income

            Notwithstanding the provisions of section 72(e), the amount 
        of any interest returned as provided in subparagraph (B) shall 
        be includible in the gross income of the recipient.

                           (2) Cash values

        (A) Cash surrender value

            The cash surrender value of any contract shall be its cash 
        value determined without regard to any surrender charge, policy 
        loan, or reasonable termination dividends.

        (B) Net surrender value

            The net surrender value of any contract shall be determined 
        with regard to surrender charges but without regard to any 
        policy loan.

                          (3) Death benefit

        The term ``death benefit'' means the amount payable by reason of 
    the death of the insured (determined without regard to any qualified 
    additional benefits).

                         (4) Future benefits

        The term ``future benefits'' means death benefits and endowment 
    benefits.

                  (5) Qualified additional benefits

        (A) In general

            The term ``qualified additional benefits'' means any--
                (i) guaranteed insurability,
                (ii) accidental death or disability benefit,
                (iii) family term coverage,
                (iv) disability waiver benefit, or
                (v) other benefit prescribed under regulations.

        (B) Treatment of qualified additional benefits

            For purposes of this section, qualified additional benefits 
        shall not be treated as future benefits under the contract, but 
        the charges for such benefits shall be treated as future 
        benefits.

        (C) Treatment of other additional benefits

            In the case of any additional benefit which is not a 
        qualified additional benefit--
                (i) such benefit shall not be treated as a future 
            benefit, and
                (ii) any charge for such benefit which is not prefunded 
            shall not be treated as a premium.

           (6) Premium payments not disqualifying contract

        The payment of a premium which would result in the sum of the 
    premiums paid exceeding the guideline premium limitation shall be 
    disregarded for purposes of subsection (a)(2) if the amount of such 
    premium does not exceed the amount necessary to prevent the 
    termination of the contract on or before the end of the contract 
    year (but only if the contract will have no cash surrender value at 
    the end of such extension period).

                           (7) Adjustments

        (A) In general

            If there is a change in the benefits under (or in other 
        terms of) the contract which was not reflected in any previous 
        determination or adjustment made under this section, there shall 
        be proper adjustments in future determinations made under this 
        section.

        (B) Rule for certain changes during first 15 years

            If--
                (i) a change described in subparagraph (A) reduces 
            benefits under the contract,
                (ii) the change occurs during the 15-year period 
            beginning on the issue date of the contract, and
                (iii) a cash distribution is made to the policyholder as 
            a result of such change,

        section 72 (other than subsection (e)(5) thereof) shall apply to 
        such cash distribution to the extent it does not exceed the 
        recapture ceiling determined under subparagraph (C) or (D) 
        (whichever applies).

        (C) Recapture ceiling where change occurs during first 5 years

            If the change referred to in subparagraph (B)(ii) occurs 
        during the 5-year period beginning on the issue date of the 
        contract, the recapture ceiling is--
                (i) in the case of a contract to which subsection (a)(1) 
            applies, the excess of--
                    (I) the cash surrender value of the contract, 
                immediately before the reduction, over
                    (II) the net single premium (determined under 
                subsection (b)), immediately after the reduction, or

                (ii) in the case of a contract to which subsection 
            (a)(2) applies, the greater of--
                    (I) the excess of the aggregate premiums paid under 
                the contract, immediately before the reduction, over the 
                guideline premium limitation for the contract 
                (determined under subsection (c)(2), taking into account 
                the adjustment described in subparagraph (A)), or
                    (II) the excess of the cash surrender value of the 
                contract, immediately before the reduction, over the 
                cash value corridor of subsection (d) (determined 
                immediately after the reduction).

        (D) Recapture ceiling where change occurs after 5th year and 
                before 16th year

            If the change referred to in subparagraph (B) occurs after 
        the 5-year period referred to under subparagraph (C), the 
        recapture ceiling is the excess of the cash surrender value of 
        the contract, immediately before the reduction, over the cash 
        value corridor of subsection (d) (determined immediately after 
        the reduction and whether or not subsection (d) applies to the 
        contract).

        (E) Treatment of certain distributions made in anticipation of 
                benefit reductions

            Under regulations prescribed by the Secretary, subparagraph 
        (B) shall apply also to any distribution made in anticipation of 
        a reduction in benefits under the contract. For purposes of the 
        preceding sentence, appropriate adjustments shall be made in the 
        provisions of subparagraphs (C) and (D); and any distribution 
        which reduces the cash surrender value of a contract and which 
        is made within 2 years before a reduction in benefits under the 
        contract shall be treated as made in anticipation of such 
        reduction.

                      (8) Correction of errors

        If the taxpayer establishes to the satisfaction of the Secretary 
    that--
            (A) the requirements described in subsection (a) for any 
        contract year were not satisfied due to reasonable error, and
            (B) reasonable steps are being taken to remedy the error,

    the Secretary may waive the failure to satisfy such requirements.

       (9) Special rule for variable life insurance contracts

        In the case of any contract which is a variable contract (as 
    defined in section 817), the determination of whether such contract 
    meets the requirements of subsection (a) shall be made whenever the 
    death benefits under such contract change but not less frequently 
    than once during each 12-month period.

(g) Treatment of contracts which do not meet subsection (a) test

                        (1) Income inclusion

        (A) In general

            If at any time any contract which is a life insurance 
        contract under the applicable law does not meet the definition 
        of life insurance contract under subsection (a), the income on 
        the contract for any taxable year of the policyholder shall be 
        treated as ordinary income received or accrued by the 
        policyholder during such year.

        (B) Income on the contract

            For purposes of this paragraph, the term ``income on the 
        contract'' means, with respect to any taxable year of the 
        policyholder, the excess of--
                (i) the sum of--
                    (I) the increase in the net surrender value of the 
                contract during the taxable year, and
                    (II) the cost of life insurance protection provided 
                under the contract during the taxable year, over

                (ii) the premiums paid (as defined in subsection (f)(1)) 
            under the contract during the taxable year.

        (C) Contracts which cease to meet definition

            If, during any taxable year of the policyholder, a contract 
        which is a life insurance contract under the applicable law 
        ceases to meet the definition of life insurance contract under 
        subsection (a), the income on the contract for all prior taxable 
        years shall be treated as received or accrued during the taxable 
        year in which such cessation occurs.

        (D) Cost of life insurance protection

            For purposes of this paragraph, the cost of life insurance 
        protection provided under the contract shall be the lesser of--
                (i) the cost of individual insurance on the life of the 
            insured as determined on the basis of uniform premiums 
            (computed on the basis of 5-year age brackets) prescribed by 
            the Secretary by regulations, or
                (ii) the mortality charge (if any) stated in the 
            contract.

          (2) Treatment of amount paid on death of insured

        If any contract which is a life insurance contract under the 
    applicable law does not meet the definition of life insurance 
    contract under subsection (a), the excess of the amount paid by the 
    reason of the death of the insured over the net surrender value of 
    the contract shall be deemed to be paid under a life insurance 
    contract for purposes of section 101 and subtitle B.

     (3) Contract continues to be treated as insurance contract

        If any contract which is a life insurance contract under the 
    applicable law does not meet the definition of life insurance 
    contract under subsection (a), such contract shall, notwithstanding 
    such failure, be treated as an insurance contract for purposes of 
    this title.

(h) Endowment contracts receive same treatment

                           (1) In general

        References in subsections (a) and (g) to a life insurance 
    contract shall be treated as including references to a contract 
    which is an endowment contract under the applicable law.

                (2) Definition of endowment contract

        For purposes of this title (other than paragraph (1)), the term 
    ``endowment contract'' means a contract which is an endowment 
    contract under the applicable law and which meets the requirements 
    of subsection (a).

(i) Transitional rule for certain 20-pay contracts

                           (1) In general

        In the case of a qualified 20-pay contract, this section shall 
    be applied by substituting ``3 percent'' for ``4 percent'' in 
    subsection (b)(2).

                    (2) Qualified 20-pay contract

        For purposes of paragraph (1), the term ``qualified 20-pay 
    contract'' means any contract which--
            (A) requires at least 20 nondecreasing annual premium 
        payments, and
            (B) is issued pursuant to an existing plan of insurance.

                   (3) Existing plan of insurance

        For purposes of this subsection, the term ``existing plan of 
    insurance'' means, with respect to any contract, any plan of 
    insurance which was filed by the company issuing such contract in 1 
    or more States before September 28, 1983, and is on file in the 
    appropriate State for such contract.

(j) Certain church self-funded death benefit plans treated as life 
        insurance

                           (1) In general

        In determining whether any plan or arrangement described in 
    paragraph (2) is a life insurance contract, the requirement of 
    subsection (a) that the contract be a life insurance contract under 
    applicable law shall not apply.

                           (2) Description

        For purposes of this subsection, a plan or arrangement is 
    described in this paragraph if--
            (A) such plan or arrangement provides for the payment of 
        benefits by reason of the death of the individuals covered under 
        such plan or arrangement, and
            (B) such plan or arrangement is provided by a church for the 
        benefit of its employees and their beneficiaries, directly or 
        through an organization described in section 414(e)(3)(A) or an 
        organization described in section 414(e)(3)(B)(ii).

                           (3) Definitions

        For purposes of this subsection--

        (A) Church

            The term ``church'' means a church or a convention or 
        association of churches.

        (B) Employee

            The term ``employee'' includes an employee described in 
        section 414(e)(3)(B).

(k) Regulations

    The Secretary shall prescribe such regulations as may be necessary 
or appropriate to carry out the purposes of this section.

(Added Pub. L. 98-369, div. A, title II, Sec. 221(a), July 18, 1984, 98 
Stat. 767; amended Pub. L. 99-514, title XVIII, Sec. 1825(a)-(c), Oct. 
22, 1986, 100 Stat. 2846-2848; Pub. L. 100-647, title V, Sec. 5011(a), 
(b), title VI, Sec. 6078(a), Nov. 10, 1988, 102 Stat. 3660, 3661, 3709.)


                               Amendments

    1988--Subsec. (c)(3)(B)(i), (ii). Pub. L. 100-647, Sec. 5011(a), 
added cls. (i) and (ii) and struck out former cls. (i) and (ii) which 
read as follows:
    ``(i) the mortality charges specified in the contract (or, if none 
is specified, the mortality charges used in determining the statutory 
reserves for such contract),
    ``(ii) any charges (not taken into account under clause (i)) 
specified in the contract (the amount of any charge not so specified 
shall be treated as zero), and''.
    Subsec. (c)(3)(D). Pub. L. 100-647, Sec. 5011(b), added subpar. (D).
    Subsecs. (j), (k). Pub. L. 100-647, Sec. 6078(a), added subsec. (j) 
and redesignated former subsec. (j) as (k).
    1986--Subsec. (b)(2)(C). Pub. L. 99-514, Sec. 1825(a)(2), 
substituted ``subparagraphs (A) and (D)'' for ``subparagraphs (A) and 
(C)''.
    Subsec. (e)(1). Pub. L. 99-514, Sec. 1825(a)(3), inserted ``(other 
than subsection (d))'' after ``section''.
    Subsec. (e)(1)(B). Pub. L. 99-514, Sec. 1825(a)(1)(A), substituted 
``shall be deemed to be no earlier than'' for ``shall be no earlier 
than''.
    Subsec. (e)(1)(C). Pub. L. 99-514, Sec. 1821(a)(1)(C), added subpar. 
(C). Former subpar. (C) redesignated (D).
    Subsec. (e)(1)(D). Pub. L. 99-514, Sec. 1821(a)(1)(C), (D), 
redesignated subpar. (C) as (D) and substituted ``the maturity date 
determined by taking into account subparagraph (B)'' for ``the maturity 
date described in subparagraph (B)''.
    Subsec. (e)(2)(C). Pub. L. 99-514, Sec. 1825(a)(4), added subpar. 
(C).
    Subsec. (f)(1)(A). Pub. L. 99-514, Sec. 1825(b)(2), substituted 
``less any excess premiums with respect to which there is a distribution 
described in subparagraph (B) or (E) of paragraph (7) and any other 
amounts received'' for ``less any other amounts received''.
    Subsec. (f)(7). Pub. L. 99-514, Sec. 1825(b)(1), amended par. (7) 
generally. Prior to amendment, par. (7)(A), in general, read as follows: 
``In the event of a change in the future benefits or any qualified 
additional benefit (or in any other terms) under the contract which was 
not reflected in any previous determination made under this section, 
under regulations prescribed by the Secretary, there shall be proper 
adjustments in future determinations made under this section.'', and 
par. (7)(B), certain changes treated as exchange, read as follows: ``In 
the case of any change which reduces the future benefits under the 
contract, such change shall be treated as an exchange of the contract 
for another contract.''
    Subsec. (g)(1)(B)(ii). Pub. L. 99-514, Sec. 1825(c), amended cl. 
(ii) generally. Prior to amendment, cl. (ii) read as follows: ``the 
amount of premiums paid under the contract during the taxable year 
reduced by any policyholder dividends received during such taxable 
year.''


                    Effective Date of 1988 Amendment

    Section 5011(d) of Pub. L. 100-647 provided that: ``The amendments 
made by this section [amending this section] shall apply to contracts 
entered into on or after October 21, 1988.''
    Section 6078(b) of Pub. L. 100-647 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect as if 
included in the amendment made by section 221(a) of the Tax Reform Act 
of 1984 [Pub. L. 98-369, which enacted this section].''


                    Effective Date of 1986 Amendment

    Section 1825(a)(4) of Pub. L. 99-514, as amended by Pub. L. 100-647, 
title I, Sec. 1018(j), Nov. 10, 1988, 102 Stat. 3583, provided that the 
amendment made by that section is effective with respect to contracts 
entered into after Oct. 22, 1986.
    Amendment by section 1825(a)(1)-(3), (b), (c) 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.


                             Effective Date

    Section 221(d) of Pub. L. 98-369, as amended by Pub. L. 99-514, 
Sec. 2, title XVIII, Secs. 1825(e), 1899A(69), Oct. 22, 1986, 100 Stat. 
2095, 2848, 2962, provided that:
    ``(1) In general.--Except as otherwise provided in this subsection, 
the amendments made by this section [enacting this section and amending 
section 101 of this title and provisions set out as a note under section 
101 of this title] shall apply to contracts issued after December 31, 
1984, in taxable years ending after such date.
    ``(2) Special rule for certain contracts issued after june 30, 
1984.--
        ``(A) General rule.--Except as otherwise provided in this 
    paragraph, the amendments made by this section shall apply also to 
    any contract issued after June 30, 1984, which provides an 
    increasing death benefit and has premium funding more rapid than 10-
    year level premium payments.
        ``(B) Exception for certain contracts.--Subparagraph (A) shall 
    not apply to any contract if--
            ``(i) such contract (whether or not a flexible premium 
        contract) would meet the requirements of section 101(f) of the 
        Internal Revenue Code of 1986 [formerly I.R.C. 1954],
            ``(ii) such contract is not a flexible premium life 
        insurance contract (within the meaning of section 101(f) of such 
        Code) and would meet the requirements of section 7702 of such 
        Code determined by--
                ``(I) substituting `3 percent' for `4 percent' in 
            section 7702(b)(2) of such Code, and
                ``(II) treating subparagraph (B) of section 7702(e)(1) 
            of such Code as if it read as follows: `the maturity date 
            shall be the latest maturity date permitted under the 
            contract, but not less than 20 years after the date of issue 
            or (if earlier) age 95', or
            ``(iii) under such contract--
                ``(I) the premiums (including any policy fees) will be 
            adjusted from time-to-time to reflect the level amount 
            necessary (but not less than zero) at the time of such 
            adjustment to provide a level death benefit assuming 
            interest crediting and an annual effective interest rate of 
            not less than 3 percent, or
                ``(II) at the option of the insured, in lieu of an 
            adjustment under subclause (I) there will be a comparable 
            adjustment in the amount of the death benefit.
        ``(C) Certain contracts issued before october 1, 1984.--
            ``(i) In general.--Subparagraph (A) shall be applied by 
        substituting `September 30, 1984' for `June 30, 1984' in the 
        case of a contract--
                ``(I) which would meet the requirements of section 7702 
            of such Code if `3 percent' were substituted for `4 percent' 
            in section 7702(b)(2) of such Code, and the rate or rates 
            guaranteed on issuance of the contract were determined 
            without regard to any mortality charges and any initial 
            excess interest guarantees, and
                ``(II) the cash surrender value of which does not at any 
            time exceed the net single premium which would have to be 
            paid at such time to fund future benefits under the 
            contract.
            ``(ii) Definitions.--For purposes of clause (i)--
                ``(I) In general.--Except as provided in subclause (II), 
            terms used in clause (i) shall have the same meanings as 
            when used in section 7702 of such Code.
                ``(II) Net single premium.--The term `net single 
            premium' shall be determined by substituting `3 percent' for 
            `4 percent' in section 7702(b)(2) of such Code, by using the 
            1958 standard ordinary mortality and morbidity tables of the 
            National Association of Insurance Commissioners, and by 
            assuming a level death benefit.
    ``(3) Transitional rule for certain existing plans of insurance.--A 
plan of insurance on file in 1 or more States before September 28, 1983, 
shall be treated for purposes of section 7702(i)(3) of such Code as a 
plan of insurance on file in 1 or more States before September 28, 1983, 
without regard to whether such plan of insurance is modified after 
September 28, 1983, to permit the crediting of excess interest or 
similar amounts annually and not monthly under contracts issued pursuant 
to such plan of insurance.
    ``(4) Extension of flexible premium contract provisions.--The 
amendments made by subsection (b) [amending section 101 of this title 
and provisions set out as a note under section 101 of this title] shall 
take effect on January 1, 1984.
    ``(5) Special rule for master contract.--For purposes of this 
subsection, in the case of a master contract, the date taken into 
account with respect to any insured shall be the first date on which 
such insured is covered under such contract.''


  Interim Rules; Regulations; Standards Before Regulations Take Effect

    Section 5011(c) of Pub. L. 100-647 provided that:
    ``(1) Regulations.--Not later than January 1, 1990, the Secretary of 
the Treasury (or his delegate) shall issue regulations under section 
7702(c)(3)(B)(i) of the 1986 Code (as amended by subsection (a)).
    ``(2) Standards before regulations take effect.--In the case of any 
contract to which the amendments made by this section [amending this 
section] apply and which is issued before the effective date of the 
regulations required under paragraph (1), mortality charges which do not 
differ materially from the charges actually expected to be imposed by 
the company (taking into account any relevant characteristic of the 
insured of which the company is aware) shall be treated as meeting the 
requirements of clause (i) of section 7702(c)(3)(B) of the 1986 Code (as 
amended by subsection (a)).''


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 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.


 Treatment of Flexible Premium Contracts Issued During 1984 Which Meet 
                            New Requirements

    Section 221(b)(3) of Pub. L. 98-369, as added by Pub. L. 99-514, 
title XVIII, Sec. 1825(d), Oct. 22, 1986, 100 Stat. 2848, provided that: 
``Any flexible premium contract issued during 1984 which meets the 
requirements of section 7702 of the Internal Revenue Code of 1954 [now 
1986] (as added by this section) shall be treated as meeting the 
requirements of section 101(f) of such Code.''

                  Section Referred to in Other Sections

    This section is referred to in sections 56, 72, 264, 817, 817A, 953, 
7702A, 7702B of this title; title 15 section 6712.



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