Magellean Askew, Jr. - Page 11

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          teachers and other employees receive a special tax advantage.7              
          The amounts contributed to the annuity are excluded from the                
          employee’s gross income at the time of the contribution, and                
          taxation is deferred until such time when the employee receives             
          payments under the annuity contract.  Sec. 403(b)(1).  The amount           
          actually distributed under such contract is taxable to the                  
          distributee in the year in which he or she receives the payments            
          under the exclusion percentage rule of section 72.  Id.                     
                Generally, a tax-sheltered annuity offered by a tax-exempt            
          organization will lose the section 403(b)(1) tax deferral                   
          advantage unless, under such contract, distributions attributable           
          to contributions made pursuant to a salary reduction agreement              
          may be paid only:  (1) When the employee:  (a) attains age 59-              
          1/2; (b) separates from service; (c) dies; or (d) becomes                   
          disabled; or (2) in the case of hardship.  Sec. 403(b)(11).  In             
          addition, an early distribution satisfying the aforementioned               
          requirements that is rolled over is not included in income in the           
          year so distributed if:  (1)  Any portion of the balance to the             
          credit of an employee in an annuity contract is paid to him in an           
          eligible rollover distribution (as defined in section 402(c)(4));           
          and (2) the employee transfers any portion of such property he              
          receives in such distribution to an eligible retirement plan (as            


               7  This includes annuity contracts issued by an insurance              
          company.  Sec. 403(b)(1)(A).                                                





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