Bill Text: NY A00690 | 2017-2018 | General Assembly | Amended
Bill Title: Increases the tax exemption for pensions and annuities for persons age fifty-nine and one-half or greater from $20,000 to $25,000 in 2019, $30,000 in 2019, $35,000 in 2021 and $40,000 for each subsequent year.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Introduced - Dead) 2018-02-06 - print number 690a [A00690 Detail]
Download: New_York-2017-A00690-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 690--A 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. MAGNARELLI, SKOUFIS, TITONE, STIRPE, GOTTFRIED, COOK, MOSLEY, LUPARDO, SKARTADOS, STECK, BENEDETTO, HOOPER, PICHARDO, ARROYO, SCHIMMINGER, ENGLEBRIGHT, JONES, SIMON, ORTIZ, CARROLL, BARN- WELL, BRINDISI, CAHILL, ABBATE, RIVERA, L. ROSENTHAL, GUNTHER, SEPULVEDA -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, HYNDMAN, MAGEE, THIELE, WRIGHT -- read once and referred to the Committee on Ways and Means -- recommitted to the Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the tax law, in relation to increasing the exemption for pensions and annuities for certain persons The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 3-a of subsection (c) of section 612 of the tax 2 law, as amended by section 3 of part I of chapter 59 of the laws of 3 2015, is amended to read as follows: 4 (3-a) Pensions and annuities received by an individual who has 5 attained the age of fifty-nine and one-half, not otherwise excluded 6 pursuant to paragraph three of this subsection, to the extent includible 7 in gross income for federal income tax purposes, but not in excess of 8 [twenty] twenty-five thousand dollars for any taxable year beginning on 9 or after January first, two thousand nineteen, thirty thousand dollars 10 for any taxable year beginning on or after January first, two thousand 11 twenty, thirty-five thousand dollars for any taxable year beginning on 12 or after January first, two thousand twenty-one, and forty thousand 13 dollars in each subsequent year, which are periodic payments attribut- 14 able to personal services performed by such individual prior to his 15 retirement from employment, which arise (i) from an employer-employee 16 relationship or (ii) from contributions to a retirement plan which are 17 deductible for federal income tax purposes. However, the term "pensions EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00555-05-8A. 690--A 2 1 and annuities" shall also include distributions received by an individ- 2 ual who has attained the age of fifty-nine and one-half from an individ- 3 ual retirement account or an individual retirement annuity, as defined 4 in section four hundred eight of the internal revenue code, and distrib- 5 utions received by an individual who has attained the age of fifty-nine 6 and one-half from self-employed individual and owner-employee retirement 7 plans which qualify under section four hundred one of the internal 8 revenue code, whether or not the payments are periodic in nature. Never- 9 theless, the term "pensions and annuities" shall not include any lump 10 sum distribution, as defined in subparagraph (D) of paragraph four of 11 subsection (e) of section four hundred two of the internal revenue code 12 and taxed under section six hundred three of this article. Where a 13 husband and wife file a joint state personal income tax return, the 14 modification provided for in this paragraph shall be computed as if they 15 were filing separate state personal income tax returns. Where a payment 16 would otherwise come within the meaning of the term "pensions and annui- 17 ties" as set forth in this paragraph, except that such individual is 18 deceased, such payment shall, nevertheless, be treated as a pension or 19 annuity for purposes of this paragraph if such payment is received by 20 such individual's beneficiary. 21 § 2. This act shall take effect immediately.
