Subsection not to apply to certain distributions
Paragraph (1) shall not apply to any distribution—
(A)#
made on or after the date on which the taxpayer attains age 59½,
(B)#
made on or after the death of the holder (or, where the holder is not an individual, the death of the primary annuitant (as defined in subsection (s)(6)(B))),
(C)#
attributable to the taxpayer’s becoming disabled within the meaning of subsection (m)(7),
(D)#
which is a part of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the taxpayer or the joint lives (or joint life expectancies) of such taxpayer and his designated beneficiary,
(E)#
from a plan, contract, account, trust, or annuity described in subsection (e)(5)(D),
(F)#
allocable to investment in the contract before August 14, 1982 , or 2 2 So in original. The word “or” probably should not appear.
(G)#
under a qualified funding asset (within the meaning of section 130(d), but without regard to whether there is a qualified assignment),
(H)#
to which subsection (t) applies (without regard to paragraph (2) thereof),
(I)#
under an immediate annuity contract (within the meaning of section 72(u)(4)), or
(J)#
which is purchased by an employer upon the termination of a plan described in section 401(a) or 403(a) and which is held by the employer until such time as the employee separates from service.
For purposes of subparagraph (D), periodic payments shall not fail to be treated as substantially equal merely because they are amounts received as an annuity, and such periodic payments shall be deemed to be substantially equal if they are payable over a period described in subparagraph (D) and would satisfy the requirements applicable to annuity payments under section 401(a)(9) if such requirements applied.