Estate of James F. Hall, Jr., Deceased, Harriet Hall, Executrix, and Harriet Nixon Hall - Page 8

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               Several factors have been held relevant in determining                 
          whether a deferred compensation plan was intended to provide                
          accident or health benefits, including:  (1) A statement in a               
          written plan that its purpose is to qualify as an accident or               
          health plan within the meaning of the Internal Revenue Code and             
          that the benefits payable under it are eligible for income tax              
          exclusion; (2) specification in a plan that the benefits payable            
          are those amounts incurred for medical care in the event of                 
          personal injury or sickness; (3) terms in a plan that limit the             
          benefits payable to legitimate medical expenses; and (4) a                  
          provision allowing an employee to be compensated for specific               
          injuries or illness, such as the loss of a limb.  Berman v.                 
          Commissioner, supra at 939; Caplin v. United States, supra.                 
               The Hadd-Too Amended and Restated Plan contains only two               
          references to the provision of benefits in the event of                     
          disability.  The summary description of the Plan states:                    

                    The basic purpose of the Plan continues to be to                  
               give retirement income to the employees to supplement                  
               the benefits they will receive under the Social                        
               Security laws.  The plan gives an additional measure of                
               security to participants and their beneficiaries by                    
               providing benefits which help to insure against loss                   
               caused by disability.  In addition, the Plan provides                  
               for payments to employees, under certain circumstances,                
               if they die or terminate their employment prior to                     
               their retirement.  * * *                                               

          The second reference appears in the Plan itself:                            







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Last modified: May 25, 2011