(i) Sections 402 and
403 provide that certain distributions by employees' trusts and certain payments under employee plans are taxable under
section 72. For taxable years beginning before January 1, 1964,
section 72(e)(3), as in effect before such date, does not apply to such distributions or payments. For purposes of applying
section 72 to such distributions and payments (other than those described in subdivision (iii) of this subparagraph), each separate program of the employer consisting of interrelated contributions and benefits shall be considered a single contract. Therefore, all distributions or payments (other than those described in subdivision (iii) of this subparagraph) which are attributable to a separate program of interrelated contributions and benefits are considered as received under a single contract. A separate program of interrelated contributions and benefits may be financed by the purchase from an insurance company of one or more group contracts or one or more individual contracts, or may be financed partly by the purchase of contracts from an insurance company and partly through an investment fund, or may be financed completely through an investment fund. A program may be considered separate for purposes of
section 72 although it is only a part of a plan which qualifies under
section 401. There may be several trusts under one separate program, or several separate programs may make use of a single trust. See, however, subdivision (iii) of this subparagraph for rules relating to what constitutes a “contract” for purposes of applying
section 72 to distributions commencing before October 20, 1960.