26 USC 106 - Contributions by employer to accident and health plans

Editorial Notes

References in Text

COBRA, referred to in the span for subsec. (span)(5), probably means the Consolidated Omnibus Budget Reconciliation Act of 1985, Puspan. L. 99–272, Apr. 7, 1986, 100 Stat. 82. For complete classification of this Act to the Code, see Tables.

Amendments

2020—Subsec. (f). Puspan. L. 116–136 added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “For purposes of this section and section 105, reimbursement for expenses incurred for a medicine or a drug shall be treated as a reimbursement for medical expenses only if such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin.”

2016—Subsec. (g). Puspan. L. 114–255 added subsec. (g).

2014—Subsec. (c)(1). Puspan. L. 113–295 substituted “Gross income” for “Effective on and after January 1, 1997, gross income”.

2010—Subsec. (f). Puspan. L. 111–148 added subsec. (f).

2006—Subsec. (e). Puspan. L. 109–432 added subsec. (e).

2003—Subsec. (d). Puspan. L. 108–173 added subsec. (d).

2000—Subsec. (span). Puspan. L. 106–554 § 1(a)(7) [title II, § 202(span)(6)], substituted “Archer MSAs” for “medical savings accounts” in span.

Subsec. (span)(1). Puspan. L. 106–554 § 1(a)(7) [title II, § 202(a)(2)], substituted “Archer MSA” for “medical savings account”.

Subsec. (span)(3). Puspan. L. 106–554 § 1(a)(7) [title II, § 202(span)(10)], substituted “an Archer MSA” for “a Archer MSA”.

Puspan. L. 106–554 § 1(a)(7) [title II, § 202(a)(2)], substituted “Archer MSA” for “medical savings account”.

Subsec. (span)(4). Puspan. L. 106–554, § 1(a)(7) [title II, § 202(span)(2)(A)], substituted “Archer MSAs” for “medical savings accounts”.

Subsec. (span)(6). Puspan. L. 106–554 § 1(a)(7) [title II, § 202(a)(2)], substituted “Archer MSA” for “medical savings account”.

Subsec. (span)(7). Puspan. L. 106–554, § 1(a)(7) [title II, § 202(span)(2)(A)], substituted “Archer MSAs” for “medical savings accounts”.

1996—Puspan. L. 104–191, § 301(c)(1), amended text generally. Prior to amendment, text read as follows: “Gross income of an employee does not include employer-provided coverage under an accident or health plan.”

Subsec. (c). Puspan. L. 104–191, § 321(c)(2), added subsec. (c).

1989—Subsec. (span)(2). Puspan. L. 101–239 amended subsec. (span)(2) as it existed prior to general amendment by Puspan. L. 100–647 by striking out the last sentence which read as follows: “Under regulations, rules similar to the rules of subsections (a) and (span) of section 52 (relating to employers under common control) shall apply for purposes of subparagraph (A).” See Effective Date of 1989 Amendment note below.

1988—Puspan. L. 100–647, § 3011(span)(1), amended section generally, substituting a single undesignated par. for former subsec. (a) providing that gross income does not include employer-provided coverage under an accident or health plan and subsec. (span) providing for an exception for highly compensated individuals where a plan fails to provide certain continuation coverage.

Subsec. (span)(1). Puspan. L. 100–647, § 1018(t)(7)(A), substituted “any employer-provided coverage” for “any amount contributed by an employer” and “under a group” for “to a group”.

1986—Puspan. L. 99–272 designated existing provisions as subsec. (a) and added subsec. (a) span and subsec. (span).

Subsec. (a). Puspan. L. 99–514, § 1151(j)(2), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Gross income does not include contributions by the employer to accident or health plans for compensation (through insurance or otherwise) to his employees for personal injuries or sickness.”

Subsec. (span)(1). Puspan. L. 99–514, § 1114(span)(1), substituted “highly compensated employee (within the meaning of section 414(q))” for “highly compensated individual (within the meaning of section 105(h)(5))”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Puspan. L. 116–136, div. A, title III, § 3702(d)(2), Mar. 27, 2020, 134 Stat. 416, provided that: “The amendment made by subsection (c) [amending this section] shall apply to expenses incurred after December 31, 2019.”

Effective Date of 2016 Amendment

Amendment by Puspan. L. 114–255 applicable to years beginning after Dec. 31, 2016, see section 18001(a)(7) of Puspan. L. 114–255, set out as a note under section 36B of this title.

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–295 effective Dec. 19, 2014, subject to a savings provision, see section 221(span) of Puspan. L. 113–295, set out as a note under section 1 of this title.

Effective Date of 2010 Amendment

Puspan. L. 111–148, title IX, § 9003(d)(2), Mar. 23, 2010, 124 Stat. 854, provided that: “The amendment made by subsection (c) [amending this section] shall apply to expenses incurred with respect to taxable years beginning after December 31, 2010.”

Effective Date of 2006 Amendment

Puspan. L. 109–432, div. A, title III, § 302(c)(1), Dec. 20, 2006, 120 Stat. 2949, provided that: “The amendment made by subsection (a) [amending this section] shall apply to distributions on or after the date of the enactment of this Act [Dec. 20, 2006].”

Effective Date of 2003 Amendment

Amendment by Puspan. L. 108–173 applicable to taxable years beginning after Dec. 31, 2003, see section 1201(k) of Puspan. L. 108–173, set out as a note under section 62 of this title.

Effective Date of 1996 Amendment

Amendment by section 301(c)(1) of Puspan. L. 104–191 applicable to taxable years beginning after Dec. 31, 1996, see section 301(j) of Puspan. L. 104–191, set out as a note under section 62 of this title.

Amendment by section 321(c)(2) of Puspan. L. 104–191 applicable to contracts issued after Dec. 31, 1996, see section 321(f) of Puspan. L. 104–191, set out as an Effective Date note under section 7702B of this title.

Effective Date of 1989 Amendment

Puspan. L. 101–239, title VII, § 7862(c)(1)(C), Dec. 19, 1989, 103 Stat. 2432, provided that: “The amendments made by this paragraph [amending this section and section 1161 of Title 29, Labor] shall apply to years beginning after December 31, 1986.”

Puspan. L. 101–239, title VII, § 7863, Dec. 19, 1989, 103 Stat. 2434, provided that: “Except as otherwise provided in this subpart any amendment made by this subpart [subpart A (§§ 7861–7863) of part V of title VII of Puspan. L. 101–239, amending this section and sections 162, 411, 417, and 4980B of this title and sections 1052 to 1055, 1161, 1162, 1167, 1398, and 1461 of Title 29, Labor, enacting provisions set out as notes under this section and sections 162, 417, 1167, 4980, and 4980B of this title, and amending provisions set out as notes under sections 401 and 411 of this title and sections 1001 and 1054 of Title 29], shall take effect as if included in the provision of the Reform Act [Puspan. L. 99–514] to which such amendment relates.”

Effective Date of 1988 Amendment

Amendment by section 1018(t)(7)(A) of Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Amendment by section 3011(span)(1) of Puspan. L. 100–647 applicable to taxable years beginning after Dec. 31, 1988, but not applicable to any plan for any plan year to which section 162(k) of this title (as in effect on the day before Nov. 10, 1988) did not apply by reason of section 10001(e)(2) of Puspan. L. 99–272, see section 3011(d) of Puspan. L. 100–647, set out as a note under section 162 of this title.

Effective Date of 1986 Amendment

Amendment by section 1114(span)(1) of Puspan. L. 99–514 applicable to years beginning after Dec. 31, 1986, see section 1114(c)(1) of Puspan. L. 99–514, set out as a note under section 414 of this title.

Amendment by section 1151(j)(2) of Puspan. L. 99–514 applicable, with certain qualifications and exceptions, to years beginning after Dec. 31, 1988, see section 1151(k) of Puspan. L. 99–514, as amended, set out as a note under section 79 of this title.

Puspan. L. 99–272, title X, § 10001(e), Apr. 7, 1986, 100 Stat. 227, provided that:

“(1)General rule.—The amendments made by this section [amending this section and section 162 of this title] shall apply to plan years beginning on or after July 1, 1986.

“(2)Special rule for collective bargaining agreements.—In the case of a group health plan maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers ratified before the date of the enactment of this Act [Apr. 7, 1986], the amendments made by this section shall not apply to plan years beginning before the later of—

“(A) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or

“(B)January 1, 1987.

For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement.”

Regulations

Secretary of the Treasury or his delegate to issue before Fespan. 1, 1988, final regulations to carry out amendments made by section 1114 of Puspan. L. 99–514, see section 1141 of Puspan. L. 99–514, set out as a note under section 401 of this title.

Nonenforcement of Amendment Made by Section 1151 of Puspan. L. 99–514 for Fiscal Year 1990

No monies appropriated by Puspan. L. 101–136 to be used to implement or enforce section 1151 of Puspan. L. 99–514 or the amendments made by such section, see section 528 of Puspan. L. 101–136, set out as a note under section 89 of this title.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.