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Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Tax
Satisfied Customers: 1561
Experience:  22 years of tax preparation experience, including individual, trust, and estate returns.
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Under the pension protection act of 2006 it says law enforcement

Customer Question

Under the pension protection act of 2006 it says law enforcement officers can deduct up to $3000 for the purpose of paying for employer health insurance. First I'm a correction officer, am I considered an eligible law enforcement officer and I am retiring at the end of the month and my employer lets me keep my insurance paying 15% of the premium. My question is I have a 457 plan and I will be coverting it into an IRA, I will also receive a pension. Can I make the deductions from my retirement check or through my IRA.
Submitted: 7 years ago.
Category: Tax
Expert:  Arthur Rubin replied 7 years ago.
I would say it's almost certain that a corrections officer is an eligible law enforcement officer, although the wording there is a bit unclear.

However, you must retire at normal retirement age for disability, and the payments must be made directly from the 457 plan to the benefits plan maintained by the same employer that you retired from. Pensions, unless in a "benefits trust", do not qualify as the source of the payments.

In any other circumstances, the payments would be taxable, but possibly deductible as itemized deductions as medical expenses.

Edited by Arthur Rubin on 1/3/2010 at 5:39 PM EST
Customer: replied 7 years ago.

I am of normal retirement age and not on disability, but I am rolling over my 457 plan to an IRA. would I have to leave it in the 457 plan? Does my 457 plan have to pay it or is up to them?