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Federal
Taxation
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PERAC has no special expertise
or jurisdiction with respect to issues of
federal taxation. The following reflects PERACs
understanding of current federal laws relating
to taxation of retirement benefits.
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CONTRIBUTIONS
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Is the portion
of my salary that is deducted for
contribution to the retirement system
subject to federal taxation?
- Contributions
Made Prior to January 12, 1988
and Buy Backs of Creditable Service
Retirement contributions made
prior to January 12, 1988 and
buy backs of creditable service
(whether made prior to or after
January 12, 1988), are considered
employee contributions and are
not considered to be excludable
from taxable income.
- Contributions
Made After January 12, 1988
Retirement contributions made
after January 12, 1988 are considered
employer contributions. Your employer
reduces your gross salary for
federal income tax purposes by
your required retirement contribution
amount. This reduces the amount
of your income subject to federal
taxation and consequently decreases
the amount of federal withholding.
- Private Tax
Deferred Plans and Tax-Sheltered
Annuities
For employees who belong to private
tax deferred plans or who have
purchased tax-sheltered annuities,
this change with respect to January
12, 1988 could affect the maximum
amount that may be contributed
to such plans or annuities. Such
employees should consider seeking
the opinion of a tax consultant
about making alterations to their
voluntary plans.
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REFUNDS
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Will
I be taxed by the IRS on any refunded
contributions that I may receive
after my resignation from public
service?
- Contributions
Made Prior to January 12, 1988
That portion of your contributions
made prior to January 12, 1988
will not be subject to federal
taxation.
- Contributions
Made After January 12, 1988
That portion of your contributions
made after January 12, 1988 is
subject to federal taxation.
- Interest
All interest that you receive
from your account is also subject
to federal taxation.
- Refunds Received
on or After January 1, 1993
Federal legislation may also require
withholding for federal taxes
on refunds received on or after
January 1, 1993. When you request
a refund, your retirement board
will provide information on the
federal requirements.
- Age 59 1/2
In addition, if your withdrawal
takes place prior to your reaching
age 59 12, federal law may impose
an additional penalty.
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SUPERANNUATION
RETIREMENT ALLOWANCES
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Is any retirement
allowance which I may receive tax
exempt from federal taxation?
- IRS Publication
#17
A percentage of your superannuation
retirement allowance may be excluded
from taxable income. The amount
of the exclusion is determined
by an IRS formula related to the
amount of employee contributions
(for this purpose, all contributions
made prior to January 12, 1988
plus any buy-backs made after
that date may be excluded since
you have already paid federal
taxes on these contributions)
and life expectancy. The balance
of the allowance is subject to
taxation (see IRS Publication
#17).
For individuals
whose retirement allowance began
prior to the 1987 tax year, once
the full amount of employee contributions
has been excluded under the 3-year
rule, payments are fully taxable.
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WITHHOLDING
FOR PENSION OR ANNUITY PAYMENTS
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How do I notify
the federal government about my
withholding preferences?
- Withholding
Preference Certificate
Withholding toward payment of
federal income tax on your retirement
allowance will be made by the
retirement board in an amount
to be specified by you. Retirement
boards give their retirees Withholding
Certificates for Pension or Annuity
Payments (Form W4-P). You
must complete this form and return
it to your board. Your election
as to whether you want withholding
to apply should be made on this
form. Your election will remain
in effect until you revoke it.
You may make any election or revoke
any election as often as you wish
by filing a revised form with
your board.
How is my
allowance affected if I do not file
the prescribed form?
If you fail to
file a Withholding Preference
Certificate, federal income
tax to be withheld from your pension
payments will be determined as
if your pension payments were
wages representing your only income
and you were a married individual
claiming three dependents.
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