[Code of Federal Regulations]
[Title 26, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.79-1]

[Page 311-315]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.79-1  Group-term life insurance--general rules.

    (a) What is group-term life insurance? Life insurance is not group-
term life insurance for purposes of section 79 unless it meets the 
following conditions:
    (1) It provides a general death benefit that is excludable from 
gross income under section 101(a).
    (2) It is provided to a group of employees.

[[Page 312]]

    (3) It is provided under a policy carried directly or indirectly by 
the employer.
    (4) The amount of insurance provided to each employee is computed 
under a formula that precludes individual selection. This formula must 
be based on factors such as age, years of service, compensation, or 
position. This condition may be satisfied even if the amount of 
insurance provided is determined under a limited number of alternative 
schedules that are based on the amount each employee elects to 
contribute. However, the amount of insurance provided under each 
schedule must be computed under a formula that precludes individual 
selection.
    (b) May group-term life insurance be combined with other benefits? 
No part of the life insurance provided under a policy that provides a 
permanent benefit is group-term life insurance unless--
    (1) The policy or the employer designates in writing the part of the 
death benefit provided to each employee that is group-term life 
insurance; and
    (2) The part of the death benefit that is provided to an employee 
and designated as the group-term life insurance benefit for any policy 
year is not less than the difference between the total death benefit 
provided under the policy and the employee's deemed death benefit (DDB) 
at the end of the policy year determined under paragraph (d)(3) of this 
section.
    (c) May a group include fewer than 10 employees? (1) As a general 
rule, life insurance provided to a group of employees cannot qualify as 
group-term life insurance for purposes of section 79 unless, at some 
time during the calendar year, it is provided to at least 10 full-time 
employees who are members of the group of employees. For purposes of 
this rule, all life insurance provided under policies carried directly 
or indirectly by the employer is taken into account in determining the 
number of employees to whom life insurance is provided.
    (2) The general rule of paragraph (c)(1) of this section does not 
apply if the following conditions are met:
    (i) The insurance is provided to all full-time employees of the 
employer or, if evidence of insurability affects eligibility, to all 
full-time employees who provide evidence of insurability satisfactory to 
the insurer.
    (ii) The amount of insurance provided is computed either as a 
uniform percentage of compensation or on the basis of coverage brackets 
established by the insurer. However, the amount computed under either 
method may be reduced in the case of employees who do not provide 
evidence of insurability satisfactory to the insurer. In general, no 
bracket may exceed 2\1/2\ times the next lower bracket and the lowest 
bracket must be at least 10 percent of the highest bracket. However, the 
insurer may establish a separate schedule of coverage brackets for 
employees who are over age 65, but no bracket in the over-65 schedule 
may exceed 2\1/2\ times the next lower bracket and the lowest bracket in 
the over-65 schedule must be at least 10 percent of the highest bracket 
in the basic schedule.
    (iii) Evidence of insurability affecting employee's eligibility for 
insurance or the amount of insurance provided to that employee is 
limited to a medical questionnaire completed by the employee that does 
not require a physical examination.
    (3) The general rule of paragraph (c)(1) of this section does not 
apply if the following conditions are met:
    (i) The insurance is provided under a common plan to the employees 
of two or more unrelated employers.
    (ii) The insurance is restricted to, but mandatory for, all 
employees of the employer who belong to or are represented by an 
organization (such as a union) that carries on substantial activities in 
addition to obtaining insurance.
    (iii) Evidence of insurability does not affect an employee's 
eligibility for insurance or the amount of insurance provided to that 
employee.
    (4) For purposes of paragraph (c) (2) and (3) of this section, 
employees are not taken into account if they are denied insurance for 
the following reasons:
    (i) They are not eligible for insurance under the terms of the 
policy because they have not been employed for a waiting period, 
specified in the policy, which does not exceed six months.

[[Page 313]]

    (ii) They are part-time employees. Employees whose customary 
employment is for not more than 20 hours in any week, or 5 months in any 
calendar year, are presumed to be part-time employees.
    (iii) They have reached the age of 65.
    (5) For purposes of paragraph (c) (1) and (2) of this section, 
insurance is considered to be provided to an employee who elects not to 
receive insurance unless, in order to receive the insurance, the 
employee is required to contribute to the cost of benefits other than 
term life insurance. Thus, if an employee could receive term life 
insurance by contributing to its cost, the employee is taken into 
account in determining whether the insurance is provided to 10 or more 
employees even if such employee elects not to receive the insurance. 
However, an employee who must contribute to the cost of permanent 
benefits to obtain term life insurance is not taken into account in 
determining whether the term life insurance is provided to 10 or more 
employees unless the term life insurance is actually provided to such 
employee.
    (d) How much must an employee receiving permanent benefits include 
in income?--(1) In general. If an insurance policy that meets the 
requirements of this section provides permanent benefits to an employee, 
the cost of the permanent benefits reduced by the amount paid for 
permanent benefits by the employee is included in the employee's income. 
The cost of the permanent benefits is determined under the formula in 
paragraph (d)(2) of this section.
    (2) Formula for determining cost of the permanent benefits. In each 
policy year the cost of the permanent benefits for any particular 
employee must be no less than:

X(DDB2-DDB1)

where

DDB2 is the employee's deemed death benefit at the end of the 
policy year:
DDB1 is the employee's deemed death benefit at the end of the 
preceding policy year; and
X is the net single premium for insurance (the premium for one dollar of 
paid-up whole-life insurance) at the employee's attained age at the 
beginning of the policy year.

    (3) Formula for determining deemed death benefit. The deemed death 
benefit (DDB) at the end of any policy year for any particular employee 
is equal to:


R/Y

where

R is the net level premium reserved at the end of that policy year for 
all benefits provided to the employee by the policy or, if greater, the 
cash value of the policy at the end of that policy year; and
Y is the net single premium for insurance (the premium for one dollar of 
paid-up whole life insurance) at the employee's age at the end of that 
policy year.

    (4) Mortality tables and interest rates used. For purposes of 
paragraph (d) (2) and (3) of this section, the net level premium reserve 
(R) and the net single premium (X or Y) shall be based on the 1958 CSO 
Mortality Table and 4 percent interest.
    (5) Dividends. If an insurance policy that meets the requirements of 
this section provides permanent benefits, part or all of the dividends 
under the policy may be includible in the employee's income. If the 
employee pays nothing for the permanent benefits, all dividends under 
the policy that are actually or constructively received by the employee 
are includible in the employee's income. In all other cases, the amount 
of dividends included in the employee's income is equal to


(D+C)-(PI+DI+AP)

where

D is the total amount of dividends actually or constructively received 
under the policy by the employee in the current and all preceding 
taxable years of the employee;
C is the total cost of the permanent benefits for the current and all 
preceding taxable years of the employee determined under the formulas in 
paragraph (d) (2) and (6) of this section:
PI is the total amount of premium included in the employee's income 
under paragraph (d)(1) of this section for the current and all preceding 
taxable years of the employee;
DI is the total amount of dividends included in the employee's income 
under this paragraph (d)(5) in all preceding taxable years of the 
employee; and
AP is the total amount paid for permanent benefits by the employee in 
the current and all preceding taxable years of the employee.


[[Page 314]]


    (6) Different policy and taxable years. (i) If a policy year begins 
in one employee taxable year and ends in another employee taxable year, 
the cost of the permanent benefits, determined under the formula in 
paragraph (d)(2) of this section, is allocated between the employee 
taxable years.
    (ii) The cost of permanent benefits for a policy year is allocated 
first to the employee taxable year in which the policy year begins. The 
cost of permanent benefits allocated to that policy year is equal to:

FxC

where

F is the fraction of the premium for that policy year that is paid on or 
before the last day of the employee taxable year; and
C is the cost of permanent benefits for the policy year determined under 
the formula in paragraph (d)(2) of this section.

    (iii) Any part of the cost of permanent benefits that is not 
allocated to the employee taxable year in which the policy year begins 
is allocated to the subsequent employee taxable year.
    (iv) The cost of permanent benefits for an employee taxable year is 
the sum of the costs of permanent benefits allocated to that year under 
paragraph (d)(6) (ii) and (iii) of this section.
    (7) Example. The provisions of this paragraph may be illustrated by 
the following example:

    Example. An employer provides insurance to employee A under a policy 
that meets the requirements of this section. Under the policy, A, who is 
47 years old, received $70,000 of group-term life insurance and elects 
to receive a permanent benefit under the policy. A pays $2 for each 
$1,000 of group-term life insurance through payroll deductions and the 
employer pays the remainder of the premium for the group-term life 
insurance. The employer also pays one half of the premium specified in 
the policy for the permanent benefit. A pays the other half of the 
premium for the permanent benefit through payroll deductions. The policy 
specifies that the annual premium paid for the permanent benefit is 
$300. However, the amount of premium allocated to the permanent benefit 
by the formula in paragraph (d)(2) of this section is $350. A is a 
calendar year taxpayer; the policy year begins January 1. In year 2000, 
$200 is includible in A's income because of insurance provided by the 
employer. This amount is computed as follows:

(1) Cost of permanent benefits................................   $350
(2) Amounts considered paid by A for permanent benefits (\1/2\    150
 x $300)......................................................
(3) Line (1) minus line (2)...................................    200
(4) Cost of $70,000 of group-term life insurance under Table I    126
 of Sec.  1.79-3.............................................
(5) Cost of $50,000 of group-term life insurance under Table I     90
 of Sec.  1.79-3.............................................
(6) Cost of group-term insurance in excess of $50,000 (line        36
 (4) minus line(5))...........................................
(7) Amount considered paid by A for group-term life insurance     140
 (70 x $2)....................................................
(8) Line (6) minus line (7) (but not less than 0).............      0
(9) Amount includible in income (line (3) plus line (8))......    200


    (e) What is the effect of State law limits? Section 79 does not 
apply to life insurance in excess of the limits under applicable state 
law on the amount of life insurance that can be provided to an employee 
under a single contract of group-term life insurance.
    (f) Cross references. (1) See section 79(b) and Sec. 1.79-2 for 
rules relating to group-term life insurance provided to certain retired 
individuals.
    (2) See section 61(a) and the regulations thereunder for rules 
relating to life insurance not meeting the requirements of section 79, 
this section, or Sec. 1.79-2, such as insurance provided on the life of 
a non-employee (for example, an employee's spouse), insurance not 
provided as compensation for personal services performed as an employee, 
insurance not provided under a policy carried directly or indirectly by 
the employer, or permanent benefits.
    (3) See sections 106 and Sec. 1.106-1 for rules relating to certain 
insurance that does not provide general death benefits, such as travel 
insurance or accident and health insurance (including amounts payable 
under a double indemnity clause or rider).
    (g) [Reserved]
    (h) Effective date. Section 1.79-0 applies to insurance provided in 
employee taxable years beginning on or after January 1, 1977 (except as 
provided in 26 CFR 1.79-1(g) (revised as of April 1, 1983) with respect 
to insurance provided in employee taxable years beginning in 1977). 
Sections 1.79-1 through 1.79-3 apply to insurance provided in employee 
taxable years beginning after December 31, 1982. See 26 CFR 1.79-1 
through 1.79-3 (revised as of April 1, 1983) for rules applicable to 
insurance

[[Page 315]]

provided in employee taxable years beginning before January 1, 1983.

(Secs. 79(c) and 7805 of the Internal Revenue Code of 1954 (78 Stat. 36, 
26 U.S.C. 79(c); 68A Stat. 917, 26 U.S.C. 7805))

[T.D. 7623, 44 FR 28797, May 17, 1979, as amended by T.D. 7917, 48 FR 
45762, Oct. 7, 1983; T.D. 7924, 48 FR 54595, Dec. 6, 1983; T.D. 8821, 64 
FR 29790, June 3, 1999]