- 8 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011