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Posted: 2/23/2015 7:26:31 PM EDT
Hello all.

Been thinking it is about time to bail out of CT, and leave it to the Liberals and Polar Bears!  Anyway, next year I will start collecting my Army Reserve pension, and was wondering about NC taxes on such a pension.

I have been reading on-line that if you have 5 years of service before August 12, 1989, your pension is exempt.  I have four years of active service from 75-79, and then joined the Reserves in 1983 (and served over 30 years) .  Can anyone confirm if that Reserve time would count towards this exemption?

Thanks for all your assistance!
Link Posted: 2/23/2015 8:40:42 PM EDT
[#1]
Depends on if you have one year of drills between 79 and 89.  That's iffy unless you did some extended active duty.  Also, if you have disability, that portion is not taxable.  Wish I didn't need to know that little tidbit.  Your DD 214 should list everything you need to know, but you might also need a point summary.  In 1989, we all basically got rear-ended and had our pension plans gutted.  You were grandfathered in.  You might want to call a Tax preparer who is near Ft. Bragg.  They might deal with it more often.
Link Posted: 2/23/2015 9:43:58 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Depends on if you have one year of drills between 79 and 89.  That's iffy unless you did some extended active duty.  Also, if you have disability, that portion is not taxable.  Wish I didn't need to know that little tidbit.  Your DD 214 should list everything you need to know, but you might also need a point summary.  In 1989, we all basically got rear-ended and had our pension plans gutted.  You were grandfathered in.  You might want to call a Tax preparer who is near Ft. Bragg.  They might deal with it more often.
View Quote


Thanks for the reply.  Unfortunately, I was just a regular drilling Reservist back then, and doubt I have 365 days of AD between 79 and 89.  I was hoping they were counting calendar years! Of course since 9/11, I have had 2 years of mobilization, guess I just missed the boat!
Link Posted: 3/2/2015 12:02:58 AM EDT
[#3]
Search engines are your friend.  Its 5 years of creditable service before 1989.  Did you meet drill point requirements in 1983, 1984, 1985, 1986, 1987, 1988, and before 12 August 1989?  Was that service -and your active duty - creditable for retirement?





This lays it out.















Retired Military Pay: If an individual had five years of creditable service as of August 12, 1989, all military retired pay is exempt from taxes. Otherwise, a deduction of up to $4,000.00 ($8,000.00 on joint returns) is allowed for military pay or survivor's benefits.








Military Disability Retired Pay: Retirees who entered the military before September 24, 1975, and members receiving disability retirements based on combat injuries or who could receive disability payments from the VA are covered by laws giving disability broad exemption from federal income tax. Most military retired pay based on service-related disabilities also is free from federal income tax, but there is no guarantee of total protection.








VA Disability Dependency and Indemnity Compensation: Not subject to federal or state taxes.








Military SBP/RCSBP/RSFPP: If an individual had five years of creditable service as of August 12, 1989, all military retired pay is exempt from taxes. Otherwise, a deduction of up to $4,000 is allowed for survivor's benefits. Generally subject to state taxes for those states with income tax. Check with state department of revenue office.







 
Link Posted: 3/2/2015 12:11:48 AM EDT
[#4]
The reason for the 1989 date.



Basically the NC General Assembly changed the tax code and started taxing state teacher retirees and militaryretirees.  The state retirees sued because there was an implied promise that pensions would not be taxed.  They won (there were actually two lawsuits, one brought by state government retirees but Bailey was the key one for military retirees) and military retirees in the same "class" (5 years vested by 1989) benefited.
Link Posted: 3/2/2015 12:31:58 PM EDT
[#5]
Great info; thanks.
Link Posted: 3/15/2015 9:29:53 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Search engines are your friend.  Its 5 years of creditable service before 1989.  Did you meet drill point requirements in 1983, 1984, 1985, 1986, 1987, 1988, and before 12 August 1989?  Was that service -and your active duty - creditable for retirement?

This lays it out.


Retired Military Pay: If an individual had five years of creditable service as of August 12, 1989, all military retired pay is exempt from taxes. Otherwise, a deduction of up to $4,000.00 ($8,000.00 on joint returns) is allowed for military pay or survivor's benefits.


Military Disability Retired Pay: Retirees who entered the military before September 24, 1975, and members receiving disability retirements based on combat injuries or who could receive disability payments from the VA are covered by laws giving disability broad exemption from federal income tax. Most military retired pay based on service-related disabilities also is free from federal income tax, but there is no guarantee of total protection.


VA Disability Dependency and Indemnity Compensation: Not subject to federal or state taxes.


Military SBP/RCSBP/RSFPP: If an individual had five years of creditable service as of August 12, 1989, all military retired pay is exempt from taxes. Otherwise, a deduction of up to $4,000 is allowed for survivor's benefits. Generally subject to state taxes for those states with income tax. Check with state department of revenue office.



 
View Quote


Thanks for the reply.  I actually did find that page in a search, but was looking for some clarification of the language.  My main question was how the state of NC defined creditable service, as in calendar (365 day) years, or "good" years for Reserve service (50 points or more per year).   I had 4 full years of active duty from 75-79, and then had good years for retirement from 83 on.  Without trying to find a tax expert in NC, I thought that there was a good chance there were enough retired personnel on this forum, who have first hand experience, to answer my question.

Your reply states that my Reserve years all count, and I would be GTG for a tax exempt military retirement. Thanks!
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