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Fort Walton Beach Council agenda — 01-22-08 regular agenda — reading text
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eligible retirement plans of an employer shall
be treated as a single plan.
6) ELECTION DESCRIBED.—
A) IN GENERAL. —For purposes of paragraph ( 1), an election is described in this paragraph
QW, if the election is made by an employee after separation from service with respect to amounts not
distributed from an eligible retirement plan to have amounts from such plan distributed in order
to pay for qualified health insurance premiums.
B) SPECIAL RULE. —A plan shall not be treated as violating the requirements of section 401,
or as engaging in a prohibited transaction for purposes of section 503( b), merely because it
provides for an election with respect to amounts that are otherwise distributable under the plan or
merely because of a distribution made pursuant to an election described in subparagraph ( A).
7) COORDINATION WITH MEDICAL EXPENSE DEDUCTION.—
The amounts excluded from gross income under paragraph ( 1) shall not be taken into account
under section 213.
8) COORDINATION WITH DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF -
EMPLOYED INDIVIDUALS. —The amounts excluded from gross income under paragraph ( 1)
shall not be taken into account under section 162( 1). ".
b) CONFORMING AMENDMENTS.—
1)Section 403( a) of such Code (relating to taxability of beneficiary under a qualified annuity
plan) is amended by inserting after paragraph ( 1) the following new paragraph:
2) SPECIAL RULE FOR HEALTH AND LONG -TERM CARE INSURANCE.—
To the extent provided in section 402( 1), paragraph ( 1) shall not apply to the amount distributed
under the contract which is otherwise includible in gross income under this subsection. ".
2) Section 403( b) of such Code (relating to taxability of beneficiary under annuity purchased by
organization or public school) is amended by inserting after paragraph ( 1) the
section 501( c)( 3)
following new paragraph:
2) SPECIAL RULE FOR HEALTH AND LONG -TERM CARE INSURANCE.
To the extent provided in section 402( 1), paragraph ( 1) shall not apply to the amount distributed
under the contract which is otherwise includible in gross income under this subsection. ".
3) Section 457( a) of such Code (relating to year of inclusion in gross income) is amended by
adding, at the end the following new paragraph:
3) SPECIAL RULE FOR HEALTH AND LONG -TERM CARE INSURANCE.—
In the case of a plan of an eligible employer described in subsection ( e)( 1)( A), to the extent
provided in section 402( 1), paragraph ( 1) shall not apply to amounts otherwise includible in gross
income under this subsection. ".
c) EFFECTIVE DATE. —The amendments made by this section shall apply to distributions in
taxable years beginning after December 31, 2006.
