In the case of a discriminatory group-term life insurance plan—
subsection (a)(1) shall not apply with respect to any key employee, and
the cost of group-term life insurance on the life of any key employee shall be the greater of—
such cost determined without regard to subsection (c), or
such cost determined with regard to subsection (c).
Discriminatory group-term life insurance plan
For purposes of this subsection, the term “discriminatory group-term life insurance plan” means any plan of an employer for providing group-term life insurance unless—
the plan does not discriminate in favor of key employees as to eligibility to participate, and
the type and amount of benefits available under the plan do not discriminate in favor of participants who are key employees.
Nondiscriminatory eligibility classification
A plan does not meet requirements of subparagraph (A) of paragraph (2) unless—
such plan benefits 70 percent or more of all employees of the employer,
at least 85 percent of all employees who are participants under the plan are not key employees,
such plan benefits such employees as qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of key employees, or
in the case of a plan which is part of a cafeteria plan, the requirements of section 125 are met.
Exclusion of certain employees
For purposes of subparagraph (A), there may be excluded from consideration—
employees who have not completed 3 years of service;
part-time or seasonal employees;
employees not included in the plan who are included in a unit of employees covered by an agreement between employee representatives and one or more employers which the Secretary finds to be a collective bargaining agreement, if the benefits provided under the plan were the subject of good faith bargaining between such employee representatives and such employer or employers; and
employees who are nonresident aliens and who receive no earned income (within the meaning of section 911(d)(2)) from the employer which constitutes income from sources within the United States (within the meaning of section 861(a)(3)).
A plan does not meet the requirements of paragraph (2)(B) unless all benefits available to participants who are key employees are available to all other participants.
A plan shall not fail to meet the requirements of paragraph (2)(B) merely because the amount of life insurance on behalf of the employees under the plan bears a uniform relationship to the total compensation or the basic or regular rate of compensation of such employees.
Key employee defined
For purposes of this subsection, the term “key employee” has the meaning given to such term by paragraph (1) of section 416(i). Such term also includes any former employee if such employee when he retired or separated from service was a key employee.
Exemption for church plans
This subsection shall not apply to a church plan maintained for church employees.
For purposes of subparagraph (A), the terms “church plan” and “church employee” have the meaning given such terms by paragraphs (1) and (3)(B) of section 414(e), respectively, except that—
section 414(e) shall be applied by substituting “section 501(c)(3)” for “section 501” each place it appears, and
the term “church employee” shall not include an employee of—
an organization described in section 170(b)(1)(A)(ii) above the secondary school level (other than a school for religious training),
an organization described in section 170(b)(1)(A)(iii), and
an organization described in section 501(c)(3), the basis of the exemption for which is substantially similar to the basis for exemption of an organization described in subclause (II).
Treatment of former employees
To the extent provided in regulations, this subsection shall be applied separately with respect to former employees.
[Pub. L. 88–272, title II, § 204(a)(1)], Feb. 26, 1964, [78 Stat. 36]; amended [Pub. L. 89–97, title I, § 106(d)(3)], July 30, 1965, [79 Stat. 337]; [Pub. L. 94–455, title XIX, § 1906(b)(13)(A)], Oct. 4, 1976, [90 Stat. 1834]; [Pub. L. 97–248, title II, § 244(a)], Sept. 3, 1982, [96 Stat. 523]; [Pub. L. 98–369, div. A, title II, § 223(a)], (b), July 18, 1984, [98 Stat. 775]; [Pub. L. 99–514, title XI, § 1151(c)(1)], title XVIII, § 1827(a)(1), (c), (d), Oct. 22, 1986, [100 Stat. 2503], 2850, 2851; [Pub. L. 100–647, title V, § 5013(a)], Nov. 10, 1988, [102 Stat. 3666]; [Pub. L. 101–140, title II, § 203(a)(1)], (b)(1)(A), Nov. 8, 1989, [103 Stat. 830], 831; [Pub. L. 101–508, title XI, § 11703(e)(1)], Nov. 5, 1990, [104 Stat. 1388–517]; [Pub. L. 112–141, div. D, title II, § 40242(d)], July 6, 2012, [126 Stat. 861].)