S4727A-2011 Actions

• Mar 5, 2012: PRINT NUMBER 4727A
• Mar 5, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Apr 15, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4727A-2011 Memo

BILL NUMBER:S4727A

TITLE OF BILL:
An act
to amend the tax law,
in relation to exempting the proceeds from service
award programs for volunteer firefighters and ambulance workers from
personal income taxes

PURPOSE OF THE BILL:
To correct an inequity with comparable benefits by providing that
length of service award benefits for volunteer firefighters and
volunteer ambulance workers be exempt from taxation.

SUMMARY OF SPECIFIC PROVISIONS:
Article 22 of the tax law regarding personal income is amended by
adding new paragraph 3-d to subsection (c) of section 612.

JUSTIFICATION:
Service award programs were created, a means of aiding in the
recruitment and especially the retention of volunteer firefighters
and volunteer ambulance workers.

There is no question that the retention of volunteers has been aided
by the service awards provided by the enactment of the length of
service program law. Unfortunately, the benefits in both the
individual and to fire safety (through retention) are now being
called into question as it becomes known that income that will be
derived will be treated as personal income for taxation purposes.

This bill seeks to correct what is essentially an inequity, both with
respect to the spirit in which the law was created and as compared to
certain other benefits generally available, such as disability
income, social security benefits, and pensions and annuities.

PRIOR LEGISLATIVE HISTORY:
2009-2010: A.4450/S.5420
2007-2008: A.4895-B/S.2026-B
2005-2006: A.957-A/S.1908-A
2003-2004: A.2592/S.4109
2001-2002: A.8737/S.4841
1999-2000: A.11007/S.7642

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately and apply to taxable years
beginning on and after January 1, 2013.

S4727A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4727--A
 2011-2012 Regular Sessions
 I N  SENATE
 April 15, 2011
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Investigations and Govern
 ment Operations -- recommitted to the Committee on Investigations  and
 Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 -
 committee discharged, bill amended, ordered reprinted as  amended  and
 recommitted to said committee
 AN  ACT to amend the tax law, in relation to exempting the proceeds from
 service award programs for volunteer firefighters and ambulance  work
 ers from personal income taxes
 

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

 

Section 1. Subsection (c) of section 612 of the tax law is amended  by
 adding a new paragraph 3-d to read as follows:

 (3-D) THE AMOUNT OF ANY SERVICE AWARD PAID TO ANY VOLUNTEER FIREFIGHT
 ER  AND  THE AMOUNT OF ANY SERVICE AWARD PAID TO ANY VOLUNTEER AMBULANCE
 WORKER FROM THE LENGTH OF SERVICE DEFINED CONTRIBUTION PLANS AND DEFINED
 BENEFIT PLANS APPLICABLE TO SUCH WORKERS, AS PROVIDED  FOR  IN  ARTICLES
 ELEVEN-A,  ELEVEN-AA, ELEVEN-AAA, AND ELEVEN-AAAA OF THE GENERAL MUNICI
 PAL LAW; PROVIDED, HOWEVER THAT THE EXCLUSION PROVIDED IN THIS PARAGRAPH
 SHALL NOT APPLY TO A SERVICE AWARD THAT IS DISTRIBUTED IN THE FORM OF  A
 LUMP  SUM OR THAT IS DISTRIBUTED TO A TAXPAYER THAT HAS NOT ATTAINED THE
 AGE OF FIFTY-NINE AND ONE-HALF.
 

S 2. This act shall take effect immediately and shall apply to taxable
 years beginning on and after January 1, 2013.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07889-02-2

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