MODIFIED ENDOWMENT CONTRACT RULES

Definition

Modified endowment contract rules are the IRS regulations that define when a life insurance policy becomes a MEC and how that status affects taxation. The cornerstone of these rules is the 7-pay test under Section 7702A, which compares cumulative premiums paid in the first seven years to the maximum amount that could be paid without creating a MEC. Additional rules address material changes, such as significant increases in benefits or reductions in death benefit, which can restart the 7-pay period. Once MEC status is triggered, the policy's cash value distributions are taxed under income-first, last-in, first-out (LIFO) rules, and may be subject to a 10 percent penalty if the owner is under age 5912. MEC rules are designed to separate protection-focused policies from contracts primarily intended as tax-advantaged investments, preserving the integrity of life insurance tax benefits while limiting abusive funding patterns.

Common Usage

In advisory and design work, modified endowment contract rules shape how agents structure premiums, death benefits, and policy changes. Illustration systems typically run MEC testing behind the scenes and flag when proposed funding patterns exceed 7-pay limits. Advanced markets and compliance teams train producers on key elements of MEC rules, emphasizing that once a policy becomes a MEC it generally cannot revert to non-MEC status. Advisors may intentionally use MEC rules when designing single-pay or short-pay policies for estate planning, where tax-free death benefits matter more than tax-favored cash access. Conversely, when policies are intended for supplemental retirement income, designers carefully stay within MEC limits. During reviews, agents verify whether later changes-such as reduced death benefits or large additional premiums-could trigger new 7-pay testing under modified endowment contract rules, and they coordinate with tax professionals when significant distributions from MECs are being considered.