House File 2629 - Introduced



                                       HOUSE FILE       
                                       BY  MAY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to an exclusion of governmental pension or
  2    retirement pay under the individual income tax and including
  3    effective and applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6055YH 82
  6 mg/sc/24

PAG LIN



  1  1    Section 1.  Section 422.7, Code Supplement 2007, is amended
  1  2 by adding the following new subsection:
  1  3    NEW SUBSECTION.  53.  a.  For a person who is sixty=five
  1  4 years of age or older or is the surviving spouse of an
  1  5 individual who would have qualified for the exemption under
  1  6 this subsection for the tax year, subtract, to the extent
  1  7 included in adjusted net income, the amount of governmental
  1  8 pension or retirement pay up to the maximum amount specified
  1  9 in paragraph "b".
  1 10    b.  Subject to reduction as provided under paragraph "c",
  1 11 the maximum amount to be subtracted under paragraph "a" equals
  1 12 the following:
  1 13    (1)  For tax years beginning in the 2010 calendar year,
  1 14 twenty percent of the pension or retirement pay included.
  1 15    (2)  For tax years beginning in the 2011 calendar year,
  1 16 forty percent of the pension or retirement pay included.
  1 17    (3)  For tax years beginning in the 2012 calendar year,
  1 18 sixty percent of the pension or retirement pay included.
  1 19    (4)  For tax years beginning in the 2013 calendar year,
  1 20 eighty percent of the pension or retirement pay included.
  1 21    (5)  For tax years beginning on or after January 1, 2014,
  1 22 the total amount of pension or retirement pay included.
  1 23    c.  The maximum amount allowed to be subtracted under
  1 24 paragraph "a" as specified in paragraph "b" shall be reduced,
  1 25 but not below zero, by the following:
  1 26    (1)  In the case of a married couple filing jointly, the
  1 27 reduction shall be equal to the sum of the following:
  1 28    (a)  The amount of adjusted net income in excess of one
  1 29 hundred thousand dollars.
  1 30    (b)  The amount of social security benefits not included in
  1 31 adjusted net income.
  1 32    (2)  In the case of an individual not described in
  1 33 subparagraph (1) the reduction shall be equal to the sum of
  1 34 the following:
  1 35    (a)  The amount of adjusted net income in excess of
  2  1 eighty=five thousand dollars.
  2  2    (b)  The amount of social security benefits not included in
  2  3 adjusted net income.
  2  4    d.  For purposes of this subsection:
  2  5    (1)  "Adjusted net income" means net income as calculated
  2  6 pursuant to this section prior to any exclusion under this
  2  7 subsection.
  2  8    (2)  "Social security benefits" means the same as defined
  2  9 in section 86 of the Internal Revenue Code.
  2 10    Sec. 2.  EFFECTIVE AND APPLICABILITY DATE.  This Act takes
  2 11 effect January 1, 2010, and applies to tax years beginning on
  2 12 or after that date.
  2 13                           EXPLANATION
  2 14    This bill excludes an amount of governmental pension or
  2 15 retirement pay from the individual income tax.  The amount of
  2 16 the exclusion is phased in over five tax years beginning with
  2 17 the 2010 tax year.  The maximum exclusion starts at 20 percent
  2 18 and increases by 20 percentage points until the maximum
  2 19 exclusion equals 100 percent of the governmental pension or
  2 20 retirement pay received.
  2 21    The maximum amount of the exclusion is reduced by the sum
  2 22 of social security benefits not taxed by the state plus the
  2 23 amount of adjusted net income in excess of $100,000 for
  2 24 married persons filing jointly or in excess of $85,000 for all
  2 25 other filers.
  2 26    Adjusted net income equals the taxpayer's net income prior
  2 27 to the subtraction allowed in the bill.
  2 28    The bill takes effect January 1, 2010, and applies to tax
  2 29 years beginning on or after that date.
  2 30 LSB 6055YH 82
  2 31 mg/sc/24