Page:United States Statutes at Large Volume 109 Part 1.djvu/995

 PUBLIC LAW 104-95-^AN. 10, 1996 109 STAT. 979 Public Law 104-95 104th Congress An Act To amend title 4 of the United States Code to limit State taxation of certain Jan. 10, 1996 pension income. [H.R. 394] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIMITATION ON STATE INCOME TAXATION OF CERTAIN PENSION INCOME. (a) IN GENERAL.— Chapter 4 of title 4, United States Code, is amended by adding at the end the following: "§ 114. Limitation on State income taxation of certain pension income "(a) No State may impose an income tax on any retirement income of an individual who is not a resident or domiciliary of such State (as determined under the laws of such State). "(b) For purposes of this section— "(1) The term 'retirement income' means any income from— "(A) a qualified trust under section 401(a) of the Internal Revenue Code of 1986 that is exempt under section 501(a) from taxation; "(B) a simplified employee pension as defined in section 408(k) of such Code; "(C) an annuity plan described in section 403(a) of such Code; "(D) an annuity contract described in section 403(b) of such Code; "(E) an individual retirement plan described in section 770 l(a)(37) of such Code; "(F) an eligible deferred compensation plan (as defined in section 457 of such Code); "(G) a governmental plan (as defined in section 414(d) of such Code); "(H) a trust described in section 501(c)(18) of such Code; or "(I) any plan, program, or arrangement described in section 3121(v)(2)(C) of such Code, if such income— "(i) is part of a series of substantially equal periodic payments (not less frequently than annually) made for— "(I) the life or life expectancy of the recipient (or the joint lives or joint life expectancies of the recipient and the designated beneficiary of the recipient), or "(II) a period of not less than 10 years, or

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