POMS Reference

RS 01402: Wage Exclusions

TN 10 (09-90)

A. POLICY

Payments made by an employer to or on behalf of an employee or his/her beneficiary, both into and from the annuity or bond purchase plan are not wages if they were made:

1. From January 1, 1951 Through 1962

To plans which at the time of payment met the criterion of secs. 165(a)(3),(4),(5), and (6) of the IRC of 1939, or secs. 401(a)(3),(4),(5), and (6) of the IRC.

2. Beginning January 1, 1963

To qualified annuity plans described in sec. 403(a) of the IRC; or

3. From January 1, 1963 Through 1983

To qualified bond purchase plans described in sec. 405(a) of the IRC. (Repealed by P.L. 98-369, July 18, 1984).

B. PROCEDURE

If development is necessary, follow the development guidelines in RS 01402.140B., Tax-Exempt Trust.