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JBE, CPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 137
Experience:  25 Years Experience
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Federal Tax Exemption for Accidental (line-of-duty) Disability Pension

Customer Question

I know that NYC and NYS Corrections Officers accidental (Line-of-duty) disability pensions are federally exempt from taxation. I, being a PA State Corrections Officer, have received a service connected (line-of-duty) disability pension. PA State Employees Retirement Systems refers disability pension recipients to a tax expert to determine if their pensions are federally exempt. Can you advise if the pensions is federally tax exempt? If I received a W-2 stating a taxable amount, what do I use as the supporting IRS policy or regulation to justify my exempt status. How
Submitted: 12 years ago.
Category: Tax
Expert:  Sandi Hargrove, SkyHawks replied 12 years ago.
 You may be eligible for exemt status if your disability pension arises from injuries due to terrorist acts.  You may also have nontaxable status for any portion of the pension that is due to a claim for workmen's comp.
Customer: replied 12 years ago.
Response to SkyHawks's Post: I need to know what IRS policy or Regulation exempts corrections officers pensions form federal taxation for accidental (line-of duty) disability pensions
Expert:  Sandi Hargrove, SkyHawks replied 12 years ago.
 Go to and review pub 525 for the ruling to which I referred.
Customer: replied 12 years ago.
Response to SkyHawks's Post: I have already been to the IRS site. Corrections officers, police officers, firemen disability pensions which are exempt from federal taxation are not the results of terriorist attacks or workmen's compensation cases but fall under a special IRS ruling as a special catageory. This is the ruling or policy number I am seeking. I've tried to look it up at the IRS site but have been unsuccessful.   
Expert:  JBE, CPA replied 12 years ago.
Code Section 104 and the regulations thereunder provide that payments for personal injury are generally tax exempt.

However,Section 104(a)(3) excludes from gross income amounts received through accident or health insurance for personal injuries or sickness (other than amounts received by an employee, to the extent that such amounts (1) are attributable to contributions of the employer which were not includible in the gross income of the employee, or (2) are paid by the employer).

If your disabiity payments are attributable to payments or contributions by your employer then they are likely taxable.