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Retirement Plan Payment of Certain Disability Insurance Premiums Not Taxable

Generally, payment of an accident or health insurance premium from a qualified retirement plan constitutes a taxable distribution.?á Recently issued final regulations provide an exception to this general rule if the disability insurance contract pays benefits to the plan on the employee?ÇÖs behalf in the event of an employee?ÇÖs inability to continue employment due to disability.?á This exception applies provided the payment of benefits does not exceed the reasonable expectation of the annual contributions that would have been made to the plan on the employee?ÇÖs behalf during the period of disability. ?áThese regulations apply for taxable years beginning on or after January 1, 2015, though taxpayers may elect to apply the final regulations to earlier taxable years.?á The final regulations can be found here.

The lawyers of our Employee Benefits and Executive Compensation Practice Group are readily able to assist companies on a nationwide basis with implementing sophisticated benefit plans and providing answers to their most challenging compensation issues. Additionally, our lawyers are well aware of the daily employee benefits challenges facing companies of all sizes and are capable of helping in-house lawyers and human resources personnel with the day-to-day advice and guidance necessary to properly administer employee benefits plans.

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May 2014
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