Life Insurance In Your Plan? Maybe

Published Saturday, August 1, 2015 at: 7:00 AM EDT

Just when you think you know everything about retirement plans, you might learn something new. Take the rules for “prohibited” investments inside tax-deferred retirement accounts such as 401(k)s and IRAs. Many people think there’s a blanket prohibition against using retirement account funds to buy a life insurance policy. But that’s not accurate.

You may be able to purchase a life insurance policy inside a plan account, but only within specified limits. As an alternative, you might use required minimum distributions (RMDs) that you must take from tax-deferred plans to buy life insurance.

The IRS has rules about the kinds of investments you may and may not hold inside “qualified” retirement plans—401(k)s and simplified employee pensions (SEPs), among others—and IRAs. And as a general rule, you can’t use money in such plans to purchase a life insurance contract. But there is a key exception to consider, one in which you may be able to use such funds to acquire a limited amount of life-insurance coverage. Because the main purpose of these plans is to provide benefits for retirement, including life insurance must be incidental rather than the main goal. Specific rules govern this “incidental benefit” test.

The exact rule depends on the type of plan and the type of life insurance that you buy. For a “defined contribution” plan, such as a 401(k) or SEP, the cost of premiums for whole life insurance can’t exceed 50% of the amount an employer contributes to the plan. For term-life and universal-life policies, the limit is 25% of the employer contributions.

The rules for “defined benefit” plans, including traditional pension plans, are more complex. Although the same percentage limits for defined contribution plans may apply, under a “100-to-1 test” a death benefit is considered incidental within a pension plan as long as the amount of the benefit is no more than 100 times the anticipated monthly retirement benefit from the plan. And these exceptions don’t apply to IRAs.

Another potential solution is to use an RMD to purchase life insurance outside a tax-deferred retirement plan. Generally, you’re required to begin taking RMDs from your account after age 70½, whether you want to or not. But instead of pocketing the money, you could use it to pay part of or all of the premiums on a life insurance policy. And if you choose this approach, you won’t be bound by the restrictions that apply to life insurance inside a retirement plan.

Keep in mind, though, that the premiums for life insurance will continue to rise as you get older, and buying a policy when you’re already in your 70s may be expensive.

This article was written by a professional financial journalist for Preferred NY Financial Group,LLC and is not intended as legal or investment advice.

An individual retirement account (IRA) allows individuals to direct pretax incom, up to specific annual limits, toward retirements that can grow tax-deferred (no capital gains or dividend income is taxed). Individual taxpayers are allowed to contribute 100% of compensation up to a specified maximum dollar amount to their Tranditional IRA. Contributions to the Tranditional IRA may be tax-deductible depending on the taxpayer's income, tax-filling status and other factors. Taxed must be paid upon withdrawal of any deducted contributions plus earnings and on the earnings from your non-deducted contributions. Prior to age 59%, distributions may be taken for certain reasons without incurring a 10 percent penalty on earnings. None of the information in this document should be considered tax or legal advice. Please consult with your legal or tax advisor for more information concerning your individual situation.

Contributions to a Roth IRA are not tax deductible and these is no mandatory distribution age. All earnings and principal are tax free if rules and regulations are followed. Eligibility for a Roth account depends on income. Principal contributions can be withdrawn any time without penalty (subject to some minimal conditions).

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