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A9375Assembly2009-2010 Session

Includes pension and retirement plans as plans eligible for income reduction when determining eligibility for enhanced STAR exemption

Sponsor Dennis H. GabryszakAD-143+6 co-sponsorsAffects Housing
Status
In Assembly Committee
Real Property Taxation
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Real Property Taxation

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History

  1. Referred to real property taxation

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9375

Title of bill

An act to amend the real property tax law, in relation to including pension and retirement plans as plans eligible for income reduction when determining eligibility for the enhanced STAR exemption

Purpose or general idea of bill

This bill amends the Real Property Tax Law to conform the treatment of pension and retirement plan distributions to that of individual retire- ment account and individual retirement annuity distributions which are currently excluded from income for the purposes of eligibility for the enhanced STAR exemption.

Summary of specific provisions

Section one amends subparagraph (ii) of paragraph (b) of subdivision 4 of section 425 of the real property tax law, as amended by section 3 of part E of chapter 83 of the laws of 2002, by including up to twenty (20%) percent or five thousand ($5,000) dollars, whichever is greater, of distributions from pension and retirement plans to the list of types of distributions which are to be treated as reductions in "income" for purposes of eligibility for the enhanced STAR exemption.

Effects of present law which the bill will alter

This bill amends the real property tax law by conforming the treatment of pension and retirement plan distributions to that of individual retirement account and individual retirement annuity distributions which are currently excluded from income for the purposes of eligibility for the enhanced STAR exemption.

Justification

Under current law an applicant for enhanced STAR exemption must include all distributions from his or her pension and retirement plan in calcu- lating his or her income for purposes of determining whether he or she is eligible for the enhanced STAR exemption although similar distrib- utions from an applicant's individual retirement account and individual retirement annuity are excluded from the calculation of his or her income. This bill would correct the disparate treatment of similar distributions to seniors - a disparity that denies otherwise eligible seniors of the benefits of the enhanced STAR exemption, by allowing up to twenty (20%) percent or five thousand ($5,000) dollars, whichever is greater, of distributions from pension and retirement plans to the list of types of distributions which are to be treated as reductions in "income" for purposes of eligibility for the enhanced STAR exemption.

Prior legislative history

A9530 of 2003-2004 A6726 of 2004-2005

A6726 of 2005-2006 A3099/S1950 of 2007-2008 A3229 of 2009 (Bradley)

Fiscal implications for state and local governments

To be determined

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.