II 110th CONGRESS 1st Session S. 1809 IN THE SENATE OF THE UNITED STATES July 18 (legislative day, July 17), 2007 Mr. Thune introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide that distributions from an individual retirement plan, a section 401(k) plan, a section 403(b) contract, or a section 457 plan shall not be includible in gross income to the extent used to pay long-term care insurance premiums.

1.

Short title

This Act may be cited as the Long-Term Care Act of 2007.

2.

Exclusion from gross income for distributions from individual retirement plans, section 401(k) plans, section 403(b) contracts, and 457 plans which are used to pay long-term care insurance premiums

(a)

In general

Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new item:

139B.

Distributions from individual retirement plans, section 401(k) plans, section 403(b) contracts, and section 457 plans which are used to pay long-term care insurance premiums

(a)

In general

Gross income shall not include any distribution to an individual from— (1)an individual retirement plan, or (2)amounts attributable to— (A)any elective deferrals described in subparagraph (A) or (C) of section 402(g)(3), or (B)any elective deferral under an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A), to the extent that such distributions do not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) paid during the taxable year for insurance covering the individual or the individual's spouse.(b)

Denial of double benefit

The limitation in section 213(d)(10) shall be reduced by the amount which would (but for subsection (a)) be includible in the taxpayer's gross income for the taxable year. (c)

No effect on qualification

An arrangement shall not fail to be treated as a qualified cash or deferred arrangement (as defined in section 401(k)), a contract described in section 403(b), or an eligible deferred compensation plan (as defined in section 457(b)) by reason of permitting distributions for the payment of eligible long-term care premiums.

. (b)

Clerical amendment

The table of sections for such part III is amended by inserting after the item relating to section 139A the following new item: Sec. 139B. Distributions from individual retirement plans, section 401(k) plans, and section 403(b) contracts which are used to pay long-term care insurance premiums.. (c)

Effective date

The amendments made by this section shall apply to distributions after the date of the enactment of this Act.