Life Insurance FundamentalsQuestion 271 of 315

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

a.Any whole life policy with a 20-year premium-paying period
b.A universal life policy with cash value greater than the death benefit
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.A term policy that has been converted to permanent insurance

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'). 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. Option A — premium-paying period alone doesn't trigger MEC. Option B describes a corridor issue, not MEC. Option D — conversion doesn't restart the 7-pay test, but it can trigger 'material change.'

Law Reference: IRC §7702A (MEC definition)

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