Tuesday, May 17, 2022
Hawai'i Free Press

Current Articles | Archives

Sunday, November 2, 2014
The Great Pension Debate
By Tom Yamachika @ 4:01 AM :: 4572 Views :: Hawaii State Government, Taxes

The Great Pension Debate

by Tom Yamachika, President, Tax Foundation of Hawaii

One of the issues that has popped up in the campaign debates is pensions. One candidate slams the other for voting to tax pensions. The other candidate retorts that they were thinking about the issue but never actually approved a tax on pensions.

Oh? We don’t tax pensions? Does that mean payouts from retirement vehicles like IRA's and 401(k) plans are tax exempt?

The actual answer is a bit more complicated. Let’s not be fooled by the rhetoric and let’s take a look at the actual law.

Current Hawaii law treats distributions from retirement plans the same as federal law, with a couple of exceptions. The exceptions, which are contained in some incredibly short Hawaii statutes and have been fleshed out administratively, say that the payment is not taxed if the plan was funded by the employer, and the payment is made because of retirement, disability, or death. Other states don’t have anything like these exceptions.

Thus, payments from "defined benefit" plans may be eligible for this exemption because they are completely funded by the employer. The state's Employees' Retirement System plan is eligible as well. Defined benefit plans used to be popular but are very rare today because governments and other employers are finding them prohibitively expensive. Also, to give you an idea of how old the exemption is, the law doesn't care about whether the plans are federally qualified plans. The “kanaka plans” that used to be offered by the sugar plantations are eligible for this exemption. (By the way, if the exemption is this old, I wouldn't begrudge anyone the right to take a look at it to see how well or how poorly it applies to today’s world.)

“Section 401(k)” plans, where the employees themselves decide how much to contribute, generally don't qualify unless there is some employer matching, and then only to the extent of the match. That means payouts from these plans and IRA's are generally taxable, same as for federal tax. If, however, there is an employer match such as the employer contributes $1 for every $2 put in by the employee, the extent of employer contribution, in this case a third, of the payout may be exempt.

Furthermore, the Hawaii exemption is available only upon retirement, disability, or death. Thus, if an employee quits and takes a payout, that payout is taxable even if the plan qualifies.

Finally, the exemption applies without limit. So if a retired executive gets a million-dollar payment from an employer-funded plan, every dime of that payment escapes state tax.

Those contours of the law as it now exists present a situation that definitely is not as simple as just saying, “Pensions are exempt in Hawaii and not in any other state.”

Some of the folks in the campaign debate say that allowing tax on pensions violates some sacred trust. Employees started working for their employers with an understanding that their pensions would be exempt, and may find that the rules are different when they actually retire. But excuse me, many of us started working before 2010 when our maximum tax rate was hoisted to 11%. Was some kind of sacred trust violated when the tax rates went up? Even if it was, it sure didn't stop our lawmakers from hiking them.

The more important and far-reaching question is whether these higher rates will be allowed to expire on schedule at the end of 2015. That needs to be part of the debate too, but neither candidate has focused on that so far.

In the meantime, let’s look at the real issues and let’s look forward to thoughtful consideration of them in the 2015 legislative session.

- 30 -

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Life Alliance

Hawaii March for Life

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT