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S6290Senate2015-2016 Session

Exempts IRAs and Roth IRAs in the calculation of household benefits under public assistance programs

Sponsor David CarlucciSD-38Affects Finance
Status
In Senate Committee
Finance
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Finance

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Who cares

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Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Social Services

No co-sponsors yet.

History

  1. Reported and committed to finance
  2. Referred to social services

Full text

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

Sponsor's memo

Title of bill

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

Purpose

For purposes of the calculation of household benefits under public assistance programs, IRAs and Roth IRAs shall not be included.

Summary of provisions

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 include Individual Retirement Accounts (IRAs) and Roth IRAs as exempt and disregarded in calculating the amount of benefits of any household under any public assistance program.

Section 2 is the effective date.

Justification

Under current law, Individual Retirement Accounts and Roth IRA are part of the calculation of household benefits under public assistance programs. Due to the inclusion of IRAs as part of this calculation it can lead to the disqualification of a household for benefits, furthermore for an individual to be eligible they may need to liquidate their IRAs, which if done before the age of 59 1/2, you will have to pay a 10% early withdrawal penalty in addition to income tax on the amount you withdraw.

By including these accounts in the calculation of household benefits and requiring individuals who have hit hard times to face a penalty in addition to liquidating their retirement savings, which could inevitably cause issues in the long term for individuals who have saved their entire working life to have a nest egg when they retire.

Legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately; provided, however, that the amendments to sections 131-n of the social service law made by section one of this act shall not affect the expiration of such section and shall be deemed to expire therewith.

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