S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6290

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to  exempting  IRAs
  and  Roth  IRAs  in the calculation of household benefits under public
  assistance programs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 1 of section 131-n of the social services law,
as amended by chapter 373 of the laws of 2003, paragraph (c) as  amended
by  section 5 of part J of chapter 58 of the laws of 2014, is amended to
read as follows:
  1. The following resources shall be exempt and disregarded  in  calcu-
lating  the amount of benefits of any household under any public assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
sand dollars, or three thousand dollars in the  case  of  households  in
which  any  member  is  sixty years of age or older, (b) an amount up to
four thousand six hundred fifty  dollars  in  a  separate  bank  account
established  by  an  individual while currently in receipt of assistance
for the sole purpose of enabling the individual to purchase a  first  or
replacement  vehicle  for  the  recipient  to  seek,  obtain or maintain
employment, so long as the funds are not used for any other purpose, (c)
an amount up to one thousand four hundred dollars  in  a  separate  bank
account  established  by  an  individual  while  currently in receipt of
assistance for the purpose of paying tuition at a two-year or  four-year
accredited  post-secondary educational institution, so long as the funds
are not used for any other purpose, (d) the  home  which  is  the  usual
residence  of the household, (e) one automobile, up to four thousand six
hundred fifty dollars fair market value, provided, however, that if  the
automobile  is  needed  for the applicant or recipient to seek or retain
employment or travel to and from work activities as defined  in  section
three hundred thirty-six of this chapter, the automobile exemption shall
be increased to nine thousand three hundred dollars, or such other high-
er  dollar  value  as  the  local  social services district may elect to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD11864-01-5

S. 6290                             2

adopt, (f) one burial plot per household member as defined in department
regulations, (g) bona fide funeral agreements up to a total of one thou-
sand five hundred dollars in equity  value  per  household  member,  (h)
funds  in  an  individual  development account established in accordance
with subdivision five of section three hundred fifty-eight of this chap-
ter and section four hundred three of the social security act [and], (i)
for a period of six months, real property which the household is  making
a  good  faith effort to sell, in accordance with department regulations
and tangible personal property necessary for business or for  employment
purposes  in  accordance with department regulations, AND (J) INDIVIDUAL
RETIREMENT ACCOUNTS (IRAS), AND ROTH IRAS. If federal law or regulations
require the exemption or disregard of additional income and resources in
determining need  for  family  assistance,  or  medical  assistance  not
exempted or disregarded pursuant to any other provision of this chapter,
the department may, by regulations subject to the approval of the direc-
tor of the budget, require social services officials to exempt or disre-
gard such income and resources. Refunds resulting from earned income tax
credits shall be disregarded in public assistance programs.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to section 131-n of  the  social  services  law  made  by
section  one of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.