Industry, Senate Unit In Tentative COLI Pact

Under the compromise, employees covered under a COLI policy would have to be notified in writing by their employer of the insurance and consent in writing to being insured.

In general, the new language says the amount of the death benefit the employer can exclude from gross income may not exceed the sum of the premiums or other amounts paid for the contract, with two major exceptions

First, this limitation does not apply to policies covering individuals who were employees at any time during the 12-month period prior to death.

In addition, the limitation does not apply to amounts payable to the deceased employee's beneficiaries or family or to amounts earmarked to purchase an equity interest in the employer from the beneficiaries or family.

There is also an exception for key employees.

The controversy over COLI erupted in October when the Finance Committee approved language sponsored by Sen. Jeff Bingaman, D-N.M., which would tax the proceeds on all COLI policies covering employees who die more than one year after leaving employment.

The insurance industry fought the Bingaman proposal, and the committee agreed to hold a separate hearing on COLI and reconsider the Bingaman language.