WEST virginia Legislature
2016 regular session
House Bill 4433
By Delegates Weld, Zatezalo, Storch and McGeehan
[Introduced February 8,
to the Committee on Finance.]
A BILL to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees receiving pensions from defined-benefit pension plans that have been terminated with a consequent reduced benefit and extending the effective period of the allowed adjustment.
Be it enacted by the Legislature of West Virginia:
That §11-21-12d of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12d. Additional modification reducing federal adjusted gross income.
(a) In addition to amounts authorized to be subtracted
from federal adjusted gross income pursuant to subsection (c), section twelve
of this article, any person who retires under an employer-provided defined
benefit pension plan that terminates prior to or after the retirement of that
person and the pension plan is covered by a guarantor whose maximum benefit
guarantee is less than the maximum benefit to which the retiree was entitled
had the plan not terminated may subtract annually from his or her federal
adjusted income a sum equal to the difference in the amount of the maximum
annual pension benefit the person would have received for such tax year had the
plan not terminated and the maximum annual pension benefit actually received
from the guarantor under a benefit guarantee plan: Provided, That if the
Tax Commissioner determines that this adjustment reduces the revenues of the
state by $2 million or more in any one year, then the Tax Commissioner
shall reduce the percentage of the reduction to a level at which the
commissioner believes will reduce the cost of the adjustment to $2 million
for the next year. This tax adjustment is effective for taxable years beginning
on and after January 1, 2008: Provided, however, That for the taxable
year 2007, the tax adjustment shall be effective and shall apply retroactively:
Provided further, That the adjustment terminates for the
years on and after January 1, 2015.
(b) This adjustment shall be reinstated to apply retroactively for the taxable year beginning on January 1, 2015. This allowed adjustment to gross income shall continue to be effective for an additional period of five years beginning on January 1, 2016.
(c) This modification is available regardless of the type of return form filed.
NOTE: The purpose of this bill is to continue providing a personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.