Dear Sirs:
Re: Group Term Life Insurance Policies
This is in reply to your letter of April 5, 1991 in which you requested us to reconsider our stated position regarding the consequences of the inclusion of dependant coverage under a group term life insurance policy.
For the purposes of interpreting the provisions of the Income Tax Act in which it is used, the term "group term life insurance policy" is defined in subsection 248(1) of the Act. That definition specifically requires that the policy must be one under which "...no amount is payable to a person other than the group policyholder as a result of contributions made to or under the policy by the employer of the taxpayer before the death or disability of the taxpayer". It follows, therefore, that any group insurance policy which provides for an amount to be paid to a person other than the group policyholder (employer), such as upon the death or disability of a dependant, will not satisfy the legislated definition, for the purposes of the Act.
Consequently, the group insurance products referred to in your letter which provide for automatic or mandatory dependant coverage and, therefore, create the possibility for an amount to be payable to other than the group policyholder prior to the death of the employee will not qualify as a group term life insurance policy.
The Department has taken the position, however, that where the dependant coverage is optional; that is, not included in the basic insurance coverage, the employees' selection of the option effectively creates a separate policy in respect of that dependant coverage. As long as that portion of the premium is accounted for separately and, if paid by the employer, added to the employee's income as a taxable benefit, then the group term life insurance policy in respect of the employee will not be considered tainted by such additional coverage.
Any other interpretation of the relevant provisions would require a legislative amendment to the definition of a group term life insurance policy. You may wish to make representations to the Department of Finance in this regard.
We trust our comments will be of assistance to you.
Yours truly,
for DirectorBusiness and General DivisionLegislative and Intergovernmental Affairs Branch