Life insurance within an eligible retirement plan

Qualified retirement plans, such as 401(k)s or pensions, offer the possibility of acquiring life insurance coverage. By doing so, you can utilize pre-tax funds to cover premiums, resulting in tax savings while obtaining life insurance.

Complex Administration and Strategic Usage

These plans, although advantageous, require intricate administration and strict adherence to policy management regulations. This strategy is commonly employed by business owners who control their company’s retirement plans and require substantial life insurance coverage.

Key Insights

• Pre-Tax Premium Payments: Life insurance premiums within a qualified retirement plan can be paid using pre-tax funds.
• Plan Variety: Both defined contribution and defined benefit plans can incorporate life insurance.
• Plan Termination or Retirement: In case of early plan termination or retirement, any remaining balance can be rolled over into an Individual Retirement Account (IRA).
• Regulatory Compliance and Cost: Implementing this strategy demands navigating complex regulatory requirements and might involve considerable expenses.
• Flexibility Comparison: Opting for an individual policy might offer greater manageability and flexibility in designing coverage.

Cash-Value Life Insurance

Pros and Cons

Advantages:

• Pre-tax premium payment using funds that wouldn’t be tax-deductible otherwise.
• Utilization of existing retirement savings for insurance payments.
• Complete funding of your retirement benefit in case of your demise during employment.
• Provision of income-tax-free death benefit to beneficiaries.
• Asset protection under the Employee Retirement Income Security Act (ERISA), shielding the plan from creditors.

Disadvantages:

• Insurance policy retention within the plan is limited to the participant’s active status.
• Complexity in untangling the insurance upon retirement or plan termination.
• Need for the sponsoring organization to offer a qualifying plan, often entailing substantial setup costs and ongoing administration.
• Plans must adhere to ERISA’s nondiscrimination rules, necessitating inclusion of all eligible employees.

Rules for Life Insurance in Qualified Retirement Plans

Defined-Contribution Plans:

• Whole life policy premiums must be under 50% of plan contributions.
• For universal life policies, the premium paid should be less than 25% of plan contributions.
• A special rule applies to profit-sharing plans if seasoned funds are used for premiums.

Defined-Benefit Plans:

• Life insurance must be incidental.
• Death benefit shouldn’t exceed 100 times expected monthly retirement benefit.

Tax Implications

• Premiums paid within qualified plans are tax-free.
• Economic benefit received is recognized as taxable income, calculated by subtracting policy’s cash value from death benefit.
• Various options upon retirement or plan termination include policy purchase, transfer, surrender, or sale, each with different tax implications.

Exit Strategies

• Alternatives for handling the policy include transferring it to an irrevocable life insurance trust, transferring ownership to the insured, surrendering the policy, or selling it to a grantor trust.
• Remaining qualified plan value can be rolled over to an IRA.

Benefits and Drawbacks

Benefits:

• Use of pre-tax funds for non-deductible premiums.
• Full retirement benefit funding upon early death.
• Income-tax-free death benefit for beneficiaries.
• Asset protection under ERISA.

Drawbacks:

• Policy retention only during active participation.
• Complexity in unwinding policy.
• Need for a qualified plan supporting life insurance.
• ERISA’s inclusion and nondiscrimination requirements.

Conclusion

Purchasing life insurance through qualified retirement plans offers tax advantages and efficient use of existing retirement funds. However, strict regulations and administrative complexities may make this approach challenging and costly. For some, opting for an individual policy could be a more feasible solution. Consultation with insurance and retirement plan experts is advisable before proceeding with this strategy.