Life Insurance FundamentalsQuestion 271 of 716

A Modified Endowment Contract (MEC) is BEST described as:

a.A term policy that has been converted to permanent insurance, the act of conversion itself being what triggers modified endowment treatment for it
b.A universal life policy whose accumulated cash value has grown larger than its stated death benefit, costing the contract its life insurance character entirely
c.A life insurance contract that fails the IRC §7702A '7-pay test' — premiums in the first 7 years exceed the cumulative premiums needed under a level-premium 7-pay paid-up benchmark
d.Any whole life policy that is written with a 20-year premium-paying period, since paying a contract up over that short a span is exactly what the endowment rules were meant to discourage

Explanation

Under IRC §7702A, a life insurance contract becomes a Modified Endowment Contract if cumulative premiums paid into the contract during the first 7 contract years exceed the sum of net level premiums that would have been required to fully pay up the policy in 7 years (the '7-pay test'), which is exactly what the correct description states. MEC status, once attached, is permanent. The economic effect: the death benefit remains income-tax-free, but all LIVING distributions (loans, withdrawals, assignments) are taxed gain-first under §72(e)(10) and subject to a 10% penalty if before 59½ under §72(v). Single-premium and 'short-pay' designs are most susceptible. Writing a whole life policy with a 20-year premium-paying period does not create a MEC — the premium-paying period alone doesn't trigger it. A universal life contract whose cash value grows larger than its stated death benefit describes a corridor issue, not a MEC. And converting a term policy to permanent doesn't restart the 7-pay test, though it can trigger a 'material change.'

Law Reference: IRC §7702A (MEC definition)

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