26 U.S.C. 402: Taxability of beneficiary of employees' trust

2022

• Pub. L. 117–328, §301(b)(2), added par. (12). Law text · (c)
• Pub. L. 117–328, §331(b)(2), added par. (13). Law text · (c)
• Pub. L. 117–328, §603(b)(1), struck out subpar. (C). Text read as follows: "In addition to subparagraph (A), in the case of an eligible participant (as defined in section 414(v)), gross income shall not include elective deferrals in excess of the applicable dollar amount under su… Law text · (g)
• Pub. L. 117–328, §601(b)(1), added subpar. (C). Law text · (h)
• Pub. L. 117–328, §601(b)(2), inserted "(or section 408A(d) in the case of an individual retirement plan designated as a Roth IRA)" before period at end. Law text · (h)
• Pub. L. 117–328, §328(a), amended subpar. (A) generally. Prior to amendment, text read as follows: "Paragraph (1) shall only apply to a distribution if payment of the premiums is made directly to the provider of the accident or health plan or qualified long-term care insurance co… Law text · (l)

2020

• Pub. L. 116–136 substituted "2020" for "2009" in two places in concluding provisions. Law text · (c)

2018

• Pub. L. 115–141 substituted "subsection (e)(4)(D)(i)" for "subparagraph (A) of subsection (d)(4)". Law text · (i)

2017

• Pub. L. 115–97, §13613(b)(1), substituted "Time limit on transfers" for "Transfer must be made within 60 days of receipt" in heading. Law text · (c)
• Pub. L. 115–97, §13613(b)(2), substituted "subparagraphs (B) and (C)" for "subparagraph (B)". Law text · (c)
• Pub. L. 115–97, §13613(a), added subpar. (C). Law text · (c)

2014

• Pub. L. 113–295 substituted "is $15,000." for "shall be the amount determined in accordance with the following table:" and struck out table at end listing applicable dollar amounts for fiscal years 2002 to 2006 and thereafter. Law text · (g)

2013

• Pub. L. 112–239 inserted ", as in effect immediately before the enactment of the National Defense Authorization Act for Fiscal Year 2013" before period at end. (National Defense Authorization Act for Fiscal Year 2013) Law text · (l)

2008

• Pub. L. 110–458, §201(b), inserted concluding provisions. (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (c)
• Pub. L. 110–458, §108(f)(1)(A), inserted "described in paragraph (8)(B)(iii)" after "eligible retirement plan" in introductory provisions. (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (c)
• Pub. L. 110–458, §108(f)(2)(B), struck out "for purposes of this subsection" after "eligible rollover distribution". (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (c)
• Pub. L. 110–458, §108(f)(1)(B), struck out "trust" before "designated beneficiary". (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (c)
• Pub. L. 110–458, §108(f)(2)(A), inserted at end "Such term shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of subsection (c)(11), or section 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requi… (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (f)
• Pub. L. 110–458, §109(b)(3), inserted "through the end of such taxable year" after "such amount". (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (g)
• Pub. L. 110–458, §108(j)(1)(A), inserted "maintained by the employer described in paragraph (4)(B)" after "an eligible retirement plan" and struck out "of the employee, his spouse, or dependents (as defined in section 152)" after "qualified health insurance premiums". (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (l)
• Pub. L. 110–458, §108(j)(2), substituted "all amounts to the credit of the eligible public safety officer in all eligible retirement plans maintained by the employer described in paragraph (4)(B) were distributed during such taxable year and all such plans were treated as 1 contr… (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (l)
• Pub. L. 110–458, §108(j)(1)(B), inserted "(as defined in section 152)" after "dependents" and substituted "health plan" for "health insurance plan". (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (l)
• Pub. L. 110–458, §108(j)(1)(C), substituted "health plan" for "health insurance plan". (Worker, Retiree, and Employer Recovery Act of 2008) Law text · (l)

2007

• Pub. L. 110–172 substituted "permitted for prior taxable years by reason of this paragraph" for "for prior taxable years". Amendment was executed to subsec. (g)(7)(A)(ii) as amended by Pub. L. 109–135, §407(a)(1), as the probable intent of Congress, notwithstanding Pub. L… (Tax Technical Corrections Act of 2007) Law text · (g)

2006

• Pub. L. 109–280, §822(a), which directed the amendment of section 402(c)(2)(A) by substituting "or to an annuity contract described in section 403(b) and such trust or contract provides for separate accounting" for "which is part of a plan which is a defined contribution plan and… (Pension Protection Act of 2006) Law text · (c)
• Pub. L. 109–280, §829(a)(1), added par. (11). (Pension Protection Act of 2006) Law text · (c)
• Pub. L. 109–280, §845(a), added subsec. (l). (Pension Protection Act of 2006) Law text · (l)

2005

• Pub. L. 109–135, §407(a)(2), inserted "to" after "shall not apply". (Gulf Opportunity Zone Act of 2005) Law text · (g)
• Pub. L. 109–135, §407(a)(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "$15,000 reduced by amounts not included in gross income for prior taxable years by reason of this paragraph, or". (Gulf Opportunity Zone Act of 2005) Law text · (g)

2002

• Pub. L. 107–147, §411(q)(2), inserted at end: "In the case of a transfer described in subparagraph (A) or (B), the amount transferred shall be treated as consisting first of the portion of such distribution that is includible in gross income (determined without regard to paragraph (… (Job Creation and Worker Assistance Act of 2002) Law text · (c)
• Pub. L. 107–147, §411(o)(1), added subpar. (C). (Job Creation and Worker Assistance Act of 2002) Law text · (g)
• Pub. L. 107–147, §411(p)(6), substituted "2001)." for "2001." (Job Creation and Worker Assistance Act of 2002) Law text · (g)
• Pub. L. 107–147, §411(l)(3), substituted "25 percent" for "15 percent". (Job Creation and Worker Assistance Act of 2002) Law text · (h)

2001

• Pub. L. 107–16, §643(a), inserted at end "The preceding sentence shall not apply to such distribution to the extent— (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §644(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Paragraph (1) shall not apply to any transfer of a distribution made after the 60th day following the day on which the distributee received the property d… (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §636(b)(1), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "any hardship distribution described in section 401(k)(2)(B)(i)(IV)." (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §617(c), inserted concluding provisions. (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §641(a)(2)(A), added cl. (v). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §641(b)(2), added cl. (vi). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §641(d), struck out before period at end "; except that a trust or plan described in clause (iii) or (iv) of paragraph (8)(B) shall not be treated as an eligible retirement plan with respect to such distribution". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §641(a)(2)(B), added par. (10). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (c)
• Pub. L. 107–16, §641(e)(5), struck out "from an eligible retirement plan" after "rollover distribution" in introductory provisions. (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (f)
• Pub. L. 107–16, §657(b), inserted before comma at end "and that the automatic distribution by direct transfer applies to certain distributions in accordance with section 401(a)(31)(B)". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (f)
• Pub. L. 107–16, §641(e)(6), substituted "an eligible retirement plan" for "another eligible retirement plan". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (f)
• Pub. L. 107–16, §641(e)(6), substituted "an eligible retirement plan" for "another eligible retirement plan". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (f)
• Pub. L. 107–16, §641(c), added subpar. (E). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (f)
• Pub. L. 107–16, §641(e)(4), substituted ", paragraph (4) of section 403(a), subparagraph (A) of section 403(b)(8), or subparagraph (A) of section 457(e)(16)" for "or paragraph (4) of section 403(a)". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (f)
• Pub. L. 107–16, §611(d)(1), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "Notwithstanding subsections (e)(3) and (h)(1)(B), the elective deferrals of any individual for any taxable year shall be included in such individual's … (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, title VI, §617(b)(1), inserted at end "The preceding sentence shall not apply the portion of such excess as does not exceed the designated Roth contributions of the individual for the taxable year." (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, title VI, §617(b)(2), inserted "(or would be included but for the last sentence thereof)" after "paragraph (1)". (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, §611(d)(3)(A), redesignated par. (5) as (4) and struck out heading and text of former par. (4). Text read as follows: "The limitation under paragraph (1) shall be increased (but not to an amount in excess of $9,500) by the amount of any employer contributions for the… (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, §611(d)(3)(A), redesignated par. (6) as (5). Former par. (5) redesignated (4). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, §611(d)(2), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "The Secretary shall adjust the $7,000 amount under paragraph (1) at the same time and in the same manner as under section 415(d); except that any increase under this p… (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, §611(d)(3)(A), redesignated par. (7) as (6). Former par. (6) redesignated (5). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, §611(d)(3)(A), redesignated par. (8) as (7). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, §632(a)(3)(G), inserted "(as in effect before the enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001" before period at end. (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g)
• Pub. L. 107–16, §611(d)(3)(A), redesignated par. (9) as (8). Former par. (8) redesignated (7). (Economic Growth and Tax Relief Reconciliation Act of 2001) Law text · (g), (9)

1998

• Pub. L. 105–206 added subpar. (C). (Internal Revenue Service Restructuring and Reform Act of 1998) Law text · (c)

1997

• Pub. L. 105–34 added par. (9). (Taxpayer Relief Act of 1997) Law text · (g)

1996

• Pub. L. 104–188, §1401(b)(2), struck out par. (10) which read as follows: (Small Business Job Protection Act of 1996) Law text · (c)
• Pub. L. 104–188, §1401(a), amended subsec. (d) generally, substituting provisions relating to taxability of beneficiary of certain foreign situs trusts for former provisions relating to tax on lump sum distributions. (Small Business Job Protection Act of 1996) Law text · (d)
• Pub. L. 104–188, §1450(a)(2), inserted "or which is part of a salary reduction agreement under section 403(b)" after "section 401(k)(2))". (Small Business Job Protection Act of 1996) Law text · (e)
• Pub. L. 104–188, §1401(b)(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: (Small Business Job Protection Act of 1996) Law text · (e)
• Pub. L. 104–188, §1401(b)(13), struck out par. (5) which read as follows: (Small Business Job Protection Act of 1996) Law text · (e)
• Pub. L. 104–188, §1704(t)(68), substituted "subsection (e)(3)" for "subsection (a)(8)". (Small Business Job Protection Act of 1996) Law text · (g)
• Pub. L. 104–188, §1421(b)(9)(B), added subpar. (D). (Small Business Job Protection Act of 1996) Law text · (g)
• Pub. L. 104–188, §1421(b)(3)(A), added subsec. (k). (Small Business Job Protection Act of 1996) Law text · (k)

1994

• Pub. L. 103–465 inserted before period at end "; except that any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500". · (g)

1992

• Pub. L. 102–318, §521(a), amended subsecs. (a) to (d) generally, substituting present provisions for former provisions which in subsec. (a) related to taxability of beneficiaries of exempt trusts, in subsec. (b) related to taxability of beneficiaries of nonexempt trusts, in sub… · (a), (b), (c), (d)
• Pub. L. 102–318, §521, amended subsec. (e) generally, substituting provisions relating to other rules applicable to exempt trusts for provisions relating to tax on lump sum distributions. · (e)
• Pub. L. 102–318, §522(c)(1), added par. (6). · (e)
• Pub. L. 102–318, §521(a), amended subsec. (f) generally, substituting present provisions for provisions requiring a different time when explanation was to be provided and a different content of explanation to be given and using different definitions for "eligible rollover distribution"… · (f)
• Pub. L. 102–318, §521(b)(9), substituted "subsections (e)(3)" for "subsections (a)(8)". · (g)
• Pub. L. 102–318, §521(b)(10), substituted "subsection (d)(4)" for "subsection (e)(4)". · (i)
• Pub. L. 102–318, §521(b)(11), substituted "(e)(4)" for "(a)(1) or (e)(4)(J)". · (j)

1990

• Pub. L. 101–508, §11801(c)(9)(I)(i), substituted "section 424" for "section 425". · (a)
• Pub. L. 101–508, §11801(c)(9)(I)(ii), substituted "section 424(f)" for "section 425(f)". · (a)

1989

• Pub. L. 101–239, §7811(i)(13), added par. (7). · (e)
• Pub. L. 101–239, §7811(g)(2), inserted "involving a one-time irrevocable election" after "similar arrangement" in last sentence. · (g)

1988

• Pub. L. 100–647, §1011A(b)(8)(A), substituted "paragraph (4)" for "paragraphs (2) and (4)". · (a)
• Pub. L. 100–647, §1011A(b)(8)(B), struck out "or (2)" after "under paragraph (1)". · (a)
• Pub. L. 100–647, §1011A(b)(4)(C), inserted at end "Any distribution described in section 401(a)(28)(B)(ii) shall be treated as meeting the requirements of subclauses (I) and (II)." · (a)
• Pub. L. 100–647, §1011A(b)(4)(A), repealed amendment by Pub. L. 99–514, §1122(e)(1), which had amended cl. (i) generally, and provided that the Internal Revenue Code of 1986 shall be applied and administered as if such amendment had not been enacted. See 1986 Amendment note and Effective Date of 19… · (a)
• Pub. L. 100–647, §1011A(b)(4)(B), inserted "is payable as provided in clause (i), (iii), or (iv) of subsection (e)(4)(A) (without regard to the second sentence thereof) and" after "(I) such distribution". · (a)
• Pub. L. 100–647, §1011A(b)(4)(D), struck out "10-year" after "Denial of" in heading. · (a)
• Pub. L. 100–647, §1011A(a)(1), substituted "resulting in any portion of a distribution being excluded from gross income under subparagraph (A)" for "described in subparagraph (A)". · (a)
• Pub. L. 100–647, §1011A(b)(8)(C), struck out "paragraph (2) of subsection (a), and" after "paragraph (5)(A) applies,". · (a)
• Pub. L. 100–647, §1011A(b)(8)(D), substituted "then paragraphs (1) and (3) of subsection (e) shall" for "then paragraph (2) of subsection (a), and paragraphs (1) and (3) of subsection (e), shall". · (a)
• Pub. L. 100–647, §1018(t)(8)(A), redesignated subpar. (G), relating to treatment of potential future vesting, as (I). · (a)
• Pub. L. 100–647, §1011A(b)(5), inserted at end "A deposit shall not be treated as a frozen deposit unless on at least 1 day during the 60-day period described in paragraph (5)(C) (without regard to this subparagraph) such deposit is described in the preceding sentence." · (a)
• Pub. L. 100–647, §1018(t)(8)(A), redesignated subpar. (G), relating to treatment of potential future vesting, as (I). · (a)
• Pub. L. 100–647, §1011(h)(4), added subpar. (A) and struck out former subpar. (A) which related to trust which is not exempt from tax under section 501(a) because plan fails to meet requirements of section 410(b). · (b)
• Pub. L. 100–647, §1011(h)(4), added subpar. (B) and struck out former subpar. (B) which related to failure of plan to meet requirements of section 410(b) for more than 1 taxable year. · (b)
• Pub. L. 100–647, §1011A(b)(8)(E), struck out "ordinary income portion of a" after "subparagraph (B)) on the". · (e)
• Pub. L. 100–647, §1011A(b)(10), inserted at end "For purposes of the preceding sentence, in determining the amount of tax under section 1(c), section 1(g) shall be applied without regard to paragraph (2)(B) thereof." · (e)
• Pub. L. 100–647, §1018(u)(1), made technical correction to directory language of Pub. L. 99–514, §104(b)(5). See 1986 Amendment note below. · (e)
• Pub. L. 100–647, §1018(u)(6), related to execution of amendment by Pub. L. 99–514, §1122(b)(2)(B), see 1986 Amendment note below. · (e)
• Pub. L. 100–647, §1018(u)(7), related to execution of amendment by Pub. L. 99–514, §1122(b)(2)(C), see 1986 Amendment note below. · (e)
• Pub. L. 100–647, §1011A(b)(8)(F), in concluding provisions, substituted "A" for "Except for purposes of subsection (a)(2) and section 403(a)(2), a", and struck out "subsection (a)(2) of this section, and subsection (a)(2) of section 403," before "the balance to". · (e)
• Pub. L. 100–647, §1011A(b)(6), substituted "employee" for "taxpayer". · (e)
• Pub. L. 100–647, §1011A(c)(9), struck out "clause (ii) of" after "amounts described in". · (e)
• Pub. L. 100–647, §1011A(b)(7), amended last sentence generally. Prior to amendment, last sentence read as follows: "To the extent provided by the Secretary, a taxpayer may elect before any distribution not to have this paragraph apply with respect to such distribution." · (e)
• Pub. L. 100–647, §1011A(b)(8)(G), struck out subpar. (L) which related to election to treat pre-1974 participation as post-1973 participation. · (e)
• Pub. L. 100–647, §1011A(b)(8)(H), struck out ", subsection (a)(2) of this section, and section 403(a)(2)" after "of this subsection". · (e)
• Pub. L. 100–647, §6068(a), added subpar. (O). · (e)
• Pub. L. 100–647, §1011A(b)(8)(I), struck out "and paragraph (2) of subsection (a)" after "of this subsection". · (e)
• Pub. L. 100–647, §1011A(b)(8)(J), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "For purposes of this paragraph, special lump sum treatment applies to any distribution if any portion of such distribution— · (e)
• Pub. L. 100–647, §1018(t)(8)(C), substituted "an eligible" for "a eligible". · (f)
• Pub. L. 100–647, §1011(c)(6)(B), redesignated subsec. (g), relating to effect of disposition of stock by plan on net unrealized appreciation, as (j). · (g)
• Pub. L. 100–647, §1011(c)(6)(A), redesignated subsec. (g), relating to treatment of self-employed individuals, as (i). · (g)
• Pub. L. 100–647, §1011(c)(2), substituted "Distribution" for "Required distribution" in heading. · (g)
• Pub. L. 100–647, §1011(c)(1), struck out "(and no tax shall be imposed under section 72(t))" after "in gross income", in cl. (i), substituted "such income is distributed" for "such excess deferral is made" in cl. (ii), and inserted at end "No tax shall be imposed under section 72… · (g)
• Pub. L. 100–647, §1011(c)(3), added subpar. (D). · (g)
• Pub. L. 100–647, §1011(c)(4), substituted "this subsection" for "this paragraph". · (g)
• Pub. L. 100–647, §1011(c)(11), inserted at end "An employer contribution shall not be treated as an elective deferral described in subparagraph (C) if under the salary reduction agreement such contribution is made pursuant to a one-time irrevocable election made by the employee at the time of initi… · (g)
• Pub. L. 100–647, §1011(c)(5)(A), inserted "(determined in the manner prescribed by the Secretary)" after "prior taxable years". · (g)
• Pub. L. 100–647, §1011(c)(5)(B), added subpar. (D). · (g)
• Pub. L. 100–647, §1011(c)(6)(A), redesignated subsec. (g), relating to treatment of self-employed individuals, as (i). · (i)
• Pub. L. 100–647, §1011(c)(6)(B), redesignated subsec. (g), relating to effect of disposition of stock by plan on net unrealized appreciation, as (j). · (j)

1986

• Pub. L. 99–514, §1122(b)(1)(A), struck out par. (2) relating to capital gains treatment for portion of lump sum distribution. · (a)
• Pub. L. 99–514, §1122(e)(1), amended cl. (i) generally, to read as follows: "Subparagraph (A) shall apply to a partial distribution only if the employee elects to have subparagraph (A) apply to such distribution and such distribution would be a lump sum distribution if subsect… · (a)
• Any distribution described in section 401(a)(28)(B)(ii) shall be treated as meeting the requirements of this clause." This amendment was repealed by Pub. L. 100–647, §1011A(b)(4)(A). See 1988 Amendment note above. · (a)
• Pub. L. 99–514, §1852(b)(2), inserted at end "For purposes of subclause (I), the balance to the credit of the employee shall not include any accumulated deductible employee contributions (within the meaning of section 72(o)(5))." · (a)
• Pub. L. 99–514, §1852(b)(5), substituted "a trust or plan described in subclause (III) or (IV)" for "a plan described in subclause (IV) or (V)". · (a)
• Pub. L. 99–514, §1122(b)(2)(A), struck out "and capital gains treatment" in heading and amended text generally. Prior to amendment, cl. (iii) read as follows: "If an election under clause (i) is made with respect to any partial distribution paid to any employee— · (a)
• Pub. L. 99–514, §1852(b)(1), substituted "of all or any portion of" for "of any portion of". · (a)
• Pub. L. 99–514, §1121(c)(1), amended subpar. (F) generally. Prior to amendment, subpar. (F) heading read "Special rules" and text read as follows: · (a)
• Pub. L. 99–514, §1852(b)(6), in cl. (i) substituted "a transfer resulting in any portion of a distribution being excluded from gross income under subparagraph (A)" for "a transfer described in subparagraph (A)". · (a)
• Pub. L. 99–514, §1875(c)(1)(A), amended cl. (ii) generally. Prior to amendment, cl. (ii), key employees, read as follows: "An eligible retirement plan described in subclause (III) or (IV) of subparagraph (E)(iv) shall not be treated as an eligible retirement plan for the transfer of a distribution … · (a)
• Pub. L. 99–514, §1852(a)(5)(A), added subpar. (G). · (a)
• Pub. L. 99–514, §1852(b)(7), substituted "(7)" for "(7)(B)". · (a)
• Pub. L. 99–514, §1898(c)(7)(A)(i), substituted "paragraph (5)" for "paragraph (5)(A)". · (a)
• Pub. L. 99–514, §1898(a)(3), added subpar. (G) relating to treatment of potential future vesting. · (a)
• Pub. L. 99–272 added subpar. (G) relating to payments from certain pension plan termination trusts. · (a)
• Pub. L. 99–514, §1122(e)(2)(A), added subpar. (H). · (a)
• Pub. L. 99–514, §1852(b)(4), inserted "; except that a trust or plan described in subclause (III) or (IV) of paragraph (5)(E)(iv) shall not be treated as an eligible retirement plan with respect to such distribution" after "the spouse were the employee". · (a)
• Pub. L. 99–514, §1898(c)(1)(A), substituted "any alternate payee who is the spouse or former spouse of the participant shall be treated" for "the alternate payee shall be treated". · (a)
• Pub. L. 99–514, §1112(c), designated existing provisions as par. (1), inserted par. (1) heading, and added par. (2). · (b)
• Pub. L. 99–514, §1852(c)(5), substituted "section 72(e)(5)" for "section 72(e)(1)". · (b)
• Pub. L. 99–514, §1122(b)(2)(B), and Pub. L. 100–647, §1018(u)(6), redesignated subpar. (C) as (B), substituted "Amount of tax" for "Initial separate tax" in heading and "The amount of tax imposed by subparagraph (A)" for "The initial separate tax", and struck out former subpar. (… · (e)
• Pub. L. 99–514, §104(b)(5), as amended by Pub. L. 100–647, §1018(u)(1), struck out "the zero bracket amount applicable to such individual for the taxable year plus" after "amount equal to". · (e)
• Pub. L. 99–514, §1122(a)(2)(A), (B), substituted "5" for "10" and "1/5" for "one-tenth". · (e)
• Pub. L. 99–514, §1122(b)(2)(B)(i), redesignated subpars. (C) to (E) as (B) to (D), respectively. · (e)
• Pub. L. 99–514, §1122(b)(2)(C), and Pub. L. 100-647, §1018(u)(7), substituted "total taxable amount" for "ordinary income portion". · (e)
• Pub. L. 99–514, §1122(a)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "For purposes of this section and section 403, no amount which is not an annuity contract may be treated as a lump sum distribution under subparagraph (A) unless the taxpa… · (e)
• Pub. L. 99–514, §1122(b)(2)(D), struck out subpar. (E) defining "ordinary income portion" with respect to a lump sum distribution. · (e)
• Pub. L. 99–514, §1852(b)(3)(B), struck out subpar. (F) defining "employee". See subsec. (g) of this section relating to treatment of self-employed individuals. · (e)
• Pub. L. 99–514, §1122(b)(2)(E), struck out "(but not for purposes of subsection (a)(2) or section 403(a)(2)(A))" after "For purposes of this subsection". · (e)
• Pub. L. 99–514, §1122(g), inserted at end "To the extent provided by the Secretary, a taxpayer may elect before any distribution not to have this paragraph apply with respect to such distribution." · (e)
• Pub. L. 99–514, §1106(c)(2), added subpar. (N). · (e)
• Pub. L. 99–514, §1898(a)(2), added par. (6). · (e)
• Pub. L. 99–514, §1898(e)(1), substituted "eligible rollover distribution" for "qualifying rollover distribution". · (f)
• Pub. L. 99–514, §1898(e)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "For purposes of this subsection, the terms 'qualifying rollover distribution' and 'eligible retirement plan' have the respective meanings given such terms by subsection (a)(5)(E)." · (f)
• Pub. L. 99–514, §1854(f)(2), added subsec. (g) relating to effect of disposition of stock by plan on net unrealized appreciation. · (g)
• Pub. L. 99–514, §1852(b)(3)(A), added subsec. (g) relating to treatment of self-employed individuals. · (g)
• Pub. L. 99–514, §1105(a), added subsec. (g) relating to limitation on exclusion for elective deferrals. · (g)
• Pub. L. 99–514, §1108(b), added subsec. (h). · (h)

1984

• Pub. L. 98–369, §1001(b)(3), substituted "6 months" for "1 year". · (a)
• Pub. L. 98–369, §522(a)(1), substituted "any portion of the balance to the credit of an employee in a qualified trust is paid to him" for "the balance to the credit of an employee in a qualified trust is paid to him in a qualifying rollover distribution". · (a)
• Pub. L. 98–369, §522(d)(1)(A), (2), substituted "qualified total distribution" for "qualifying rollover distribution", and inserted "In the case of any partial distribution, the maximum amount transferred to which subparagraph (A) applies shall not exceed the portion of such dist… · (a)
• Pub. L. 98–369, §522(b), added subpar. (D). Former subpar. (D) redesignated (E). · (a)
• Pub. L. 98–369, §491(d)(9), struck out subcl. (III), which included a retirement bond described in section 409 within term "eligible retirement plan" and redesignated former subcls. (IV) and (V) and (III) and (IV), respectively. · (a)
• Pub. L. 98–369, §522(b), redesignated subpar. (D) as (E). Former subpar. (E) redesignated (F). · (a)
• Pub. L. 98–369, §522(d)(1)(B), substituted "qualified total distribution" for "qualifying rollover distribution" in heading and text. · (a)
• Pub. L. 98–369, §522(d)(3), substituted "gross income (determined without regard to this paragraph)" for "gross income". · (a)
• Pub. L. 98–369, §522(d)(4), substituted provision dealing with partial distribution for provision dealing with rollover of partial distributions of deductible employee contributions permitted. · (a)
• Pub. L. 98–369, §522(b), redesignated subpar. (E) as (F). · (a)
• Pub. L. 98–369, §522(d)(5), substituted "subparagraph (E)(iv)" for "subparagraph (D)(iv)". · (a)
• Pub. L. 98–369, §491(d)(10), substituted "or (II)" for ", (II), or (III)". · (a)
• Pub. L. 98–369, §522(d)(5), substituted "subparagraph (E)(iv)" for "subparagraph (D)(iv)". · (a)
• Pub. L. 98–369, §491(d)(11), substituted "(III) or (IV)" for "(IV) and (V)". · (a)
• Pub. L. 98–369, §713(c)(3), substituted "Key employees" for "Self-employed individuals and owner-employees" in heading and "attributable to contributions made on behalf of the employee while he was a key employee in a top-heavy plan" for "attributable to a trust forming part of a plan under which t… · (a)
• Pub. L. 98–369, §522(d)(6), substituted "paragraph (5)(E)(i)" for "paragraph (5)(D)(i)". · (a), (B)
• Pub. L. 98–369, §522(d)(7), substituted "employee contributions (or, in the case of a partial distribution, the amount not includible in gross income)" for "employee contributions". · (a), (iv)
• Pub. L. 98–369, §522(d)(1)(C), (8), substituted "qualified total distribution" for "qualifying rollover distribution", and "paragraph (5)(D) or (5)(E)(i)(II)" for "paragraph (5)(D)(i)(II)". · (a)
• Pub. L. 98–397, §204(c)(3), added subpar. (F). · (a)
• Pub. L. 98–369, §522(c), substituted provisions relating to rollover where spouse receives distributions after death of employee for provisions dealing with rollover where spouse receives lump-sum distribution at death of employee. · (a)
• Pub. L. 98–397, §204(c)(1), added par. (9). · (a)
• Pub. L. 98–369, §1001(b)(3), substituted "6 months" for "1 year", applicable to property acquired after June 22, 1984, and before Jan. 1, 1988. See Effective Date of 1984 Amendment note below. · (e)
• Pub. L. 98–397, §204(c)(4), added subpar. (M). · (e)
• Pub. L. 98–369, §491(c)(2), added par. (5). · (e)
• Pub. L. 98–397, §207(a), added subsec. (f). · (f)

1983

• Pub. L. 97–448, §103(c)(8)(A), added cl. (v). · (a)
• Pub. L. 97–448, §101(b), substituted "the zero bracket amount applicable to such an individual for the taxable year" for "$2,300". · (e)
• Pub. L. 97–448, §103(c)(7), substituted "this subsection, subsection (a)(2) of this section, and subsection (a)(2) of section 403" for "this section and section 403" in last sentence. · (e)
• Pub. L. 97–448, §103(c)(12)(D), amended Pub. L. 97–34, §311(c)(2) [see 1981 Amendment note below], by substituting "section 72(o)(5)" for "section 77(o)(5)" in last sentence of subpar. (j). · (e)

1981

• Pub. L. 97–34, §311(c)(1), inserted "(other than deductible employee contributions within the meaning of section 72(o)(5))". · (a)
• Pub. L. 97–34, §314(c)(1), struck out "or made available" after "distributed" in three places. · (a)
• Pub. L. 97–34, §311(b)(3)(A), inserted "(other than accumulated deductible employee contributions within the meaning of section 72(o)(5))" after "contributions" in subpar. (B) and added subcl. (III) in subpar. (D). · (a)
• Pub. L. 97–34, §311(b)(2), (c)(2), added to subpar. (A) provision that for purposes of sections 402 and 403, the balance to the credit of the employee does not include the accumulated deductible employee contributions under the plan (within the meaning of section 72(o)(5)), and adde… · (e)

1980

• Pub. L. 96–222, §101(a)(14)(E)(i), substituted "may designate" for "many designate". · (a)
• Pub. L. 96–608 added subpar. (E). · (a)
• Pub. L. 96–222, §101(a)(14)(C), substituted "qualifying rollover distribution attributable to an employee is paid to the spouse of the employee after" for "lump-sum distribution from a qualified trust is paid to the spouse of the employee on account of". · (a)

1978

• Pub. L. 95–458, §4(a), among other changes, substituted provision permitting tax-free treatment for any portion of a lump sum distribution from a qualified retirement plan which is deposited in an individual retirement account or another qualifying plan for provision which required … · (a)
• Pub. L. 95–600, §157(h)(1), substituted "subparagraphs (B) and (H) of subsection (e)(4)" for "subsection (e)(4)(B)". · (a)
• Pub. L. 95–458, §4(c), in provision preceding subpar. (A) struck out "For purposes of paragraph (5)(A)(i)", in subpar. (A) substituted "For purposes of paragraph (5)(D)(i), a complete" for "A complete", in subpar. (B) inserted "For purposes of paragraph (5)(D)(i)—" after "assets.—" … · (a)
• Pub. L. 95–600, §157(f)(1), added subpar. (D). · (a)
• Pub. L. 95–600, §157(g)(1), added par. (7). · (a)
• Pub. L. 95–600, §135(b), added par. (8). · (a)
• Pub. L. 95–600, §101(d)(1), substituted "$2,300" for "$2,200". · (e)

1977

• Pub. L. 95–30 substituted "amount equal to $2,200 plus one-tenth of the excess of" for "amount equal to one-tenth of the excess of" in provisions preceding cl. (i). · (e)

1976

• Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (a)
• Pub. L. 94–455, §1402(b)(2), provided that "9 months" would be changed to "1 year". · (a)
• Pub. L. 94–455, §§1402(b)(1)(C), 1906(b)(13)(A), provided that "6 months" would be changed to "9 months" for taxable years beginning in 1977 and struck out "or his delegate" after "Secretary". · (a)
• Pub. L. 94–455, §1901(a)(57)(A), substituted "basic pay" for "basic salary", "civil service retirement laws" for "Civil Service Retirement Act (5 U.S.C. 2251)", and "section 8331(3) of title 5, United States Code" for "section 1(d) of such Act". · (a)
• Pub. L. 94–267, §1(a)(2), substituted "a payment" for "the lump-sum distribution". · (a)
• Pub. L. 94–267, §1(a)(1), restructured provision by adding cl. (i) and designating existing provision as cl. (ii). · (a)
• Pub. L. 94–267, §1(a)(3), added par. (6). · (a)
• Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (a)
• Pub. L. 94–455, §1901(a)(57)(B), struck out subsec. (d) which related to certain trust agreements made before Oct. 21, 1942. · (d)
• Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (e)
• Pub. L. 94–455, §1901(a)(57)(C)(i), substituted "Except for purposes of subsection (a)(2) and section 403(a)(2)" for "For purposes of this subparagraph". · (e)
• Pub. L. 94–455, §1906(b)(13)(A), struck out "or his delegate" after "Secretary". · (e), (J)
• Pub. L. 94–455, §1402(b)(2), substituted "1 year" for "9 months". · (e)
• Pub. L. 94–455, §§1402(b)(1)(C), 1512(a), added subsec. (e)(4)(L) to be applicable to distributions and payments after Dec. 31, 1975, in taxable years beginning after Dec. 31, 1975, and provided that "6 months" would be changed to "9 months" for taxable years beginning in 1977. · (e)

1974

• Pub. L. 93–406, §2005(b)(1), substituted provisions covering capital gains treatment of portions of lump sum distributions determined through the application of a fraction formula susceptible of producing a phaseout of capital gains treatment for provisions covering capital gains tr… · (a)
• Pub. L. 93–406, §2005(c)(1), struck out subsec. (a)(3)(C) which defined "total distribution payable". · (a)
• Pub. L. 93–406, §§2002(g)(5), 2005(c)(2), substituted provisions covering rollover amounts for provisions covering limitation on capital gains treatment. · (a)
• Pub. L. 93–406, §2005(a), substituted provisions covering tax on lump sum distributions for provisions covering plan termination distributions made after Dec. 31, 1953, and before Jan. 1, 1955. · (e)

1969

• Pub. L. 91–172, §515(a)(1), added par. (5). · (a)
• Pub. L. 91–172, §321(b)(1), substituted provision for inclusion of contributions made by an employer to a nonexempt trust in the "gross income of the employee in accordance with section 83 (relating to property transferred in connection with performance of services), except that the va… · (b)

1964

• Pub. L. 88–272, §232(e)(1), struck out "except that section 72(e)(3) shall not apply" after "(relating to annuities)". · (a)
• Pub. L. 88–272, §221(c)(1), substituted "subsections (e) and (f) of section 425" for "section 421(d)(2) and (3)". · (a)
• Pub. L. 88–272, §232(e)(2), (3), struck out "except that section 72(e)(3) shall not apply" after "(relating to annuities)". · (b), (d)

1962

• Pub. L. 87–792 inserted sentence providing that this paragraph shall not apply to distributions paid to any distributee to the extent such distributions are attributable to contributions made on behalf of the employee while he was an employee within the meaning of section 401(c)(1). · (a)

1960

• Pub. L. 86–437, §2(a), substituted "paragraphs (2) and (4)" for "paragraph (2)". · (a)
• Pub. L. 86–437, §1, added par. (4). · (a)