S T A T E O F N E W Y O R K
________________________________________________________________________
1259
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Social Services
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
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 131-n of the social services law,
as amended by section 1 of part X of chapter 54 of the laws of 2016, is
amended to read as follows:
1. The following resources shall be exempt and disregarded in calcu-
lating the amount of benefits of any household under any public assist-
ance program: (a) cash and liquid or nonliquid resources up to two thou-
sand dollars, or three thousand dollars in the case of households in
which any member is sixty years of age or older, (b) an amount up to
four thousand six hundred fifty dollars in a separate bank account
established by an individual while currently in receipt of assistance
for the sole purpose of enabling the individual to purchase a first or
replacement vehicle for the recipient to seek, obtain or maintain
employment, so long as the funds are not used for any other purpose, (c)
an amount up to one thousand four hundred dollars in a separate bank
account established by an individual while currently in receipt of
assistance for the purpose of paying tuition at a two-year or four-year
accredited post-secondary educational institution, so long as the funds
are not used for any other purpose, (d) the home which is the usual
residence of the household, (e) one automobile, up to ten thousand
dollars fair market value, through March thirty-first, two thousand
seventeen; one automobile, up to eleven thousand dollars fair market
value, from April first, two thousand seventeen through March thirty-
first, two thousand eighteen; and one automobile, up to twelve thousand
dollars fair market value, beginning April first, two thousand eighteen
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03385-01-9
A. 1259 2
and thereafter, or such other higher dollar value as the local social
services district may elect to adopt, (f) one burial plot per household
member as defined in department regulations, (g) bona fide funeral
agreements up to a total of one thousand five hundred dollars in equity
value per household member, (h) funds in an individual development
account established in accordance with subdivision five of section three
hundred fifty-eight of this chapter and section four hundred three of
the social security act [and], (i) for a period of six months, real
property which the household is making a good faith effort to sell, in
accordance with department regulations and tangible personal property
necessary for business or for employment purposes in accordance with
department regulations, AND (J) INDIVIDUAL RETIREMENT ACCOUNTS (IRAS),
AND ROTH IRAS. If federal law or regulations require the exemption or
disregard of additional income and resources in determining need for
family assistance, or medical assistance not exempted or disregarded
pursuant to any other provision of this chapter, the department may, by
regulations subject to the approval of the director of the budget,
require social services officials to exempt or disregard such income and
resources. Refunds resulting from earned income tax credits shall be
disregarded in public assistance programs.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 131-n of the social services law made by
section one of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.