S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3343
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2021
                                ___________
 
 Introduced  by  Sen.  FELDER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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:
 
   Section  1.  Paragraph 3-a of subsection (c) of section 612 of the tax
 law, as amended by section 3 of part I of chapter  59  of  the  laws  of
 2015, is amended to read as follows:
   (3-a)  Pensions  and  annuities  received  by  an  individual  who has
 attained the age of fifty-nine  and  one-half,  not  otherwise  excluded
 pursuant to paragraph three of this subsection, to the extent includible
 in  gross  income  for federal income tax purposes, but not in excess of
 [twenty] TWENTY-FIVE THOUSAND DOLLARS FOR ANY TAXABLE YEAR BEGINNING  ON
 OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE, THIRTY THOUSAND
 DOLLARS FOR ANY TAXABLE YEAR BEGINNING ON OR AFTER  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FOUR, THIRTY-FIVE THOUSAND DOLLARS FOR ANY TAXABLE YEAR
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, AND FORTY
 thousand dollars IN EACH SUBSEQUENT YEAR, which  are  periodic  payments
 attributable  to personal services performed by such individual prior to
 his retirement from employment, which arise (i) from an employer-employ-
 ee relationship or (ii) from contributions to a  retirement  plan  which
 are  deductible  for  federal  income  tax  purposes.  However, the term
 "pensions and annuities" shall also include distributions received by an
 individual who has attained the age of fifty-nine and one-half  from  an
 individual  retirement  account  or an individual retirement annuity, as
 defined in section four hundred eight of the internal revenue code,  and
 distributions  received  by  an  individual  who has attained the age of
 fifty-nine and one-half from self-employed individual and owner-employee
 retirement plans which qualify under section four  hundred  one  of  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01783-01-1

 S. 3343                             2
 
 internal  revenue  code,  whether  or  not  the payments are periodic in
 nature. Nevertheless,  the  term  "pensions  and  annuities"  shall  not
 include  any  lump  sum  distribution, as defined in subparagraph (D) of
 paragraph  four  of  subsection  (e)  of section four hundred two of the
 internal revenue code and taxed under section six hundred three of  this
 article. Where a husband and wife file a joint state personal income tax
 return,  the  modification  provided  for  in  this  paragraph  shall be
 computed as if they were  filing  separate  state  personal  income  tax
 returns.  Where a payment would otherwise come within the meaning of the
 term "pensions and annuities" as set forth  in  this  paragraph,  except
 that  such  individual is deceased, such payment shall, nevertheless, be
 treated as a pension or annuity for purposes of this paragraph  if  such
 payment is received by such individual's beneficiary.
   § 2. This act shall take effect immediately.