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Pensions of New York State and local governments and the federal government Any pension you received, or distributions made to you from a pension plan which represents a return of contributions in a year prior to retirement, as an officer, employee, or beneficiary of an officer or employee of: 1- New York State which includes: - State and City University of New York and New York State Education Department employees who belong to the Optional Retirement Program; and - Manhattan and Bronx Surface Transit Operating Authority (MABSTOA);and - Long Island Railroad Company. 2- Local governments within the state; the United States, its territories or possessions, political subdivisions of these territories or possessions, 3- the District of Columbia or any agency or instrumentality of any of the above (including the military) that was included in your federal adjusted gross income (section 612(c)(3)of the Tax Law).
Caution In the case of the Optional Retirement Program, only that portion of the pension payments or return of contributions that is attributable to your employment with the State or City University of New York or New York Education Department would qualify for the above subtraction. The portion of pension payments or return of contributions that was attributable to your employment by an employer other than a New York public employer, such as a private university, and any portion attributable to contributions you made to a supplemental annuity plan which was funded through a salary reduction program do not qualify for the subtraction. However, if these payments are periodic and the individual is 59 or older, those payments, up to a maximum amount of $20,000, would qualify for the pension and annuity income exclusion under section 612(c)(3-a)of the Tax Law.
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