§ 7702A — Modified Endowment Contract Defined

(a) For purposes of section 72, the term “modified endowment contract” means any contract meeting the requirements of section 7702— (1) which— (A) is entered into on or after June 21, 1988, and (B) fails to meet the 7-pay test of subsection (b), or (2) which is received in exchange for a contract described in paragraph (1) or this paragraph. (b) For purposes of subsection (a), a contract fails to meet the 7-pay test of this subsection if the accumulated amount paid under the contract at any time during the 1st 7 contract years exceeds the sum of the net level premiums which would have been paid on or before such time if the contract provided for paid-up future benefits after the payment of 7 level annual premiums. (1) Except as provided in this subsection, the determination under subsection (b) of the 7 level annual premiums shall be made— (A) as of the time the contract is issued, and (B) by applying the rules of section 7702(b)(2) and of section 7702(e) (other than paragraph (2)(C) thereof), except that the death benefit provided for the 1st contract year shall be deemed to be provided until the maturity date without regard to any scheduled reduction after the 1st 7 contract years. (A) If there is a reduction in benefits under the contract within the 1st 7 contract years, this section shall be applied as if the contract had originally been issued at the reduced benefit level. (B) Any reduction in benefits attributable to the nonpayment of premiums due under the contract shall not be taken into account under subparagraph (A) if the benefits are reinstated within 90 days after the reduction in such benefits. (A) If there is a material change in the benefits under (or in other terms of) the contract which was not reflected in any previous determination under this section, for purposes of this section— (i) such contract shall be treated as a new contract entered into on the day on which such material change takes effect, and (ii) appropriate adjustments shall be made in determining whether such contract meets the 7-pay test of subsection (b) to take into account the cash surrender value under the contract. (B) For purposes of subparagraph (A), the term “material change” includes any increase in the death benefit under the contract or any increase in, or addition of, a qualified additional benefit under the contract. Such term shall not include— (i) any increase which is attributable to the payment of premiums necessary to fund the lowest level of the death benefit and qualified additional benefits payable in the 1st 7 contract years (determined after taking into account death benefit increases described in subparagraph (A) or (B) of section 7702(e)(2)) or to crediting of interest or other earnings (including policyholder dividends) in respect of such premiums, and (ii) to the extent provided in regulations, any cost-of-living increase based on an established broad-based index if such increase is funded ratably over the remaining period during which premiums are required to be paid under the contract. (4) In the case of a contract— (A) which provides an initial death benefit of $10,000 or less, and (B) which requires at least 7 nondecreasing annual premium payments, (5) The Secretary may by regulations prescribe rules for taking into account expenses solely attributable to the collection of premiums paid more frequently than annually. (6) If— (A) a contract provides a death benefit which is payable only upon the death of 1 insured following (or occurring simultaneously with) the death of another insured, and (B) there is a reduction in such death benefit below the lowest level of such death benefit provided under the contract during the 1st 7 contract years, (d) If a contract fails to meet the 7-pay test of subsection (b), such contract shall be treated as failing to meet such requirements only in the case of— (1) distributions during the contract year in which the failure takes effect and during any subsequent contract year, and (2) under regulations prescribed by the Secretary, distributions (not described in paragraph (1)) in anticipation of such failure. (e) For purposes of this section— (A) The term “amount paid” means— (i) the premiums paid under the contract, reduced by (ii) amounts to which section 72(e) applies (determined without regard to paragraph (4)(A) thereof) but not including amounts includible in gross income. (B) If, in order to comply with the requirements of subsection (b), 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 such contract year, the amount so returned (excluding interest) shall be deemed to reduce the sum of the premiums paid under the contract during such contract year. (C) 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) The term “contract year” means the 12-month period beginning with the 1st month for which the contract is in effect, and each 12-month period beginning with the corresponding month in subsequent calendar years. (3) Except as otherwise provided in this section, terms used in this section shall have the same meaning as when used in section 7702.