QUOTE (DCquestioner @ Nov 21 2008, 02:09 PM)

Do the 100x or 2/3 limitations on life insurance apply anytime the plan invests in an insurance type product? or do they only apply if the plan's death benefit involves proceeds from the policy.
That is, if the only death benefit is the PVAB, does it matter if the plan invests all its money in an insurance policy?
Check Rev.Rul. 2004-20. If the insurance amount exceeds the plan's death benefit by more than $100k, you've got a problem. Exerpt from the RR...
Employer contributions under a qualified defined benefit plan that are used to purchase life insurance coverage for a participant in excess of the participant's death benefit provided under the plan are not fully deductible when contributed, but are carried over to be treated as contributions in future years and deductible in future years when other contributions to the plan that are taken into account for the taxable year are less than the maximum amount deductible for the year pursuant to the limits of §404.
LISTED TRANSACTIONS
Transactions that are the same as, or substantially similar to, the transaction described in Situation 2 of this revenue ruling are identified as "listed transactions"for purposes of §1.6011-4(b)(2) of the Income Tax Regulations and §301.6111-2(b)(2) and §301.6112-1(b)(2) of the Procedure and Administration Regulations effective February 13, 2004, the date this revenue ruling was released to the public, provided that the employer has deducted amounts used to pay premiums on a life insurance contract for a participant with a death benefit under the contract that exceeds the participant's death benefit under the plan by more than $100,000.