For purposes of this paragraph, the following terms have the |
following meanings. "Primary recipient" means the individual |
upon whose earnings the employee retirement plan benefits are |
based or the surviving spouse of that individual. "Disability |
retirement plan benefits" means benefits received pursuant to |
Title 5, chapter 423, subchapter 5, article 3 or 3-A. "Employee |
retirement plan" means a state, federal or military retirement |
plan or any other retirement benefit plan established and |
maintained by an employer for the benefit of its employees under |
the Code, Section 401(a), Section 403 or Section 457(b), except |
that distributions made pursuant to a section 457(b) plan are not |
eligible for the deduction provided by this paragraph if they are |
made prior to age 55 and are not part of a series of |
substantially equal periodic payments made for the life of the |
primary recipient or the joint lives of the primary recipient and |
that recipient's designated beneficiary. "Employee retirement |
plan" does not include an individual retirement account under |
Section 408 of the Code, a Roth IRA under Section 408A of the |
Code, a rollover individual retirement account, a simplified |
employee pension under Section 408(k) of the Code or an |
ineligible deferred compensation plan under Section 457(f) of the |
Code. Benefits under an employee retirement plan do not include |
distributions that are subject to the tax imposed by the Code, |
Section 72(t). "Military retirement plan" means benefits |
received as a result of service in the active or |