BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1791


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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1791 (Lopez) - As Amended May 12, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          The bill excludes from gross income, for taxable years beginning  
          on or after January 1, 2016, and before January 1, 2019,  
          retirement pay from the federal government for military service  
          performed in the Armed Forces of the United States, the reserve  








                                                                    AB 1791


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          component of the Armed Forces of the U.S., or the National  
          Guard, and survivor benefits payments, as specified. The  
          provisions of this bill are contingent upon appropriation for  
          the Franchise Tax Board (FTB) of administrating the income  
          exclusion.


          FISCAL EFFECT:


          Annual General Fund cost pressure of approximately $330 million,  
          $210 million, and $105 million in FY 2016-17, FY 2017-18, and FY  
          2018-19, respectively. 

          COMMENTS:


          1)Purpose. The author notes that California has the third  
            largest population of military retirees in the country, with  
            an estimated 165,000 retired military personnel. This bill is  
            intended to create an exclusion from gross income for  
            retirement pay received for the military service performed in  
            the US Armed Forced, the reserve component of the US Armed  
            Forces, or the National Guard.  


          2)Background. Under federal and state tax law, some income tax  
            benefits are extended to military personnel or their families.  
            Military death benefits paid to qualified survivors, military  
            pay for service in combat zones, and the premium paid into a  
            survivor annuity account are all excluded from the calculation  
            of gross income. However, these benefits, while valuable, are  
            much more limited in scope than the income exclusion proposed  
            by AB 1791.  


          3)Related legislation. AB 1275 (Gray) of 2015 and AB 1077  
            (Anderson) of 2009, similarly proposed to exclude military  
            retirement pay from the calculation of gross income. AB 1275  








                                                                    AB 1791


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            was held in this committee while AB 1077 was held in the  
            Assembly Committee on Revenue and Taxation. 


          Analysis Prepared by:Luke Reidenbach / APPR. / (916)  
          319-2081