S T A T E O F N E W Y O R K
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7333
I N S E N A T E
May 13, 2014
___________
Introduced by Sen. YOUNG -- 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 establishing a personal
income tax deduction for certain withdrawals from a 401(k) plan by a
taxpayer suffering from a terminal illness
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 42 to read as follows:
(42) HARDSHIP DISTRIBUTIONS FROM A RETIREMENT ACCOUNT ESTABLISHED
PURSUANT TO SECTION 401(K) OF THE INTERNAL REVENUE CODE TO THE EXTENT
INCLUDABLE IN FEDERAL ADJUSTED GROSS INCOME, PROVIDED, HOWEVER, THAT THE
EXCLUSION PROVIDED FOR IN THIS PARAGRAPH SHALL NOT EXCEED TWENTY THOU-
SAND DOLLARS; PROVIDED, FURTHER, THAT SUCH EXCLUSION SHALL ONLY BE
AVAILABLE BY REASON OF A MEDICALLY DETERMINABLE PHYSICAL OR MENTAL
IMPAIRMENT OF AN INDIVIDUAL TAXPAYER WHICH CAN BE EXPECTED TO RESULT IN
DEATH WITHIN A PERIOD OF NOT MORE THAN TWELVE MONTHS.
S 2. This act shall take effect immediately and shall apply to the tax
year in which it takes effect and all subsequent tax years.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14948-03-4