2023 Law Change for Retired Police Officer Deduction for Health Care Insurance Premiums

Forum|Forum|2 years ago
January 27, 2024
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In 2006, the Healthcare Enhancement for Local Public Safety (HELPS) Retirees Act allowed retired public safety officers to withdraw $3,000 tax free from their pension plan to pay health or long-term care insurance premiums. This required the pension plans to pay the $3,000 directly to the insurer.

Shortly before January 3, 2023, the law was changed - removing the requirement that pension fund distributions must go directly to the insurer to be eligible for tax-free status.

While preparing my 2023 taxes on TurboTax, it appears that the program has not recognized this change, and still maintains the requirement that the premiums be paid through the pension plan. Is TurboTax going to update based on the new law, and if not, what is the best work around?

DoninGA

You enter the Form 1099-R as you normally would. There are follow-up screens with one of which will ask if you were a Public Safety Officer, answer Yes. Continuing on there will be another screen asking how you paid for health insurance. Enter the amount you paid, not to exceed $3,000.

On your Form 1040, on Line 5a will be the written PSO. On Line 5b will be the taxable amount of your pension income less the amount you entered for health insurance.

DCN66Author

Thanks - it sounds like this may be the best workaround.

Unfortunately, in order to do this, the user has to lie when answering the following TurboTax question, "Did the pension administrator take out money for NAME's pension to pay for health insurance?" Only by answering "Yes, money was taken out to pay for health insurance" can you obtain the proper deduction. This was based on the old law requiring the pension provider to direct the funds to the insurance company. Under the new law, the pension distribution goes to the former employee who then pays for the premiums from their personal account funds. This still qualifies for the deduction. Hopefully TurboTax will rewrite their questions to be consistent with current with federal tax law.

brianc0610

Same issue. Would be nice to have the software updated to reflect the new law.

Irongirl199

I’m also retired LEO I paid well over $3,000 for medical insurance. When filing where did you enter the information? On the box that says paid by administrator? Thanks

bnjIT-1-

I read its now $6,000 per retired officer pension plan and can be paid directlyt to insurer instead of deducted from pension first.

rjm76

I also have been struggling to get clarification on this exemption for retired public safety officers. Today I researched this issue and found that the bill passed by congress in March of 2022 called the

HELPS Retirees Improvement Act of 2022 ( H.R. 7203) "eliminates the requirement that insurance premiums must be paid directly to the provider of the accident or health plan or long-term care insurance contract as a condition of eligibility for the tax exclusion."

TurboTax needs updating to clarify this important point.

rjm76

DoninGA

@rjm76

On your Form 1040, on Line 5a will be the written PSO. On Line 5b will be the taxable amount of your pension income less the amount you entered for health insurance.

bnjIT-1-

I read $6,000 per officers pension plan.

bnjIT-1-

That is not correct, I read it also raised the med exemption to $6,000.

BillM223

As I noted above last year, the software is working fine; it's just the wording on the Turbotax screen that needed to be updated.

The $6,000 exclusion was in the Wally Bunker HELPS Retirees Improvement Act; however, I do not think that act passed in that form. This means that the maximum amount of health insurance premium is still $3,000.

Please see the instructions for box 2a on page 11 of the 1099-R instructions.

Where did you see $6,000?

@bnjIT-1-

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brianc0610

This still confuses me. If used up my (RHSP) retiree health savings plan monies, and am now paying my health insurance premiums from my monthly pension check myself , am I still eligible for this deduction?

BrittanyS

Yes, you can still qualify for the deduction. The 1099-R deduction can be included if the premiums are made directly to the plan to the provider or from the plan to you to pay the provider. If your 1099-R was depleted you can only deduct what was taken from your plan up to $3,000. For example, if you retirement distribution was only $2,000 you can claim the $2,000 for the exclusion. Here is what TurboTax provides, "The qualified health insurance premiums can be made directly from the plan to the provider of the accident or health plan or long-term care insurance contract, or the distribution can be made to you to pay the provider of the accident or health plan or long-term care insurance contract. The insurance premiums can be used for you, your spouse, or your dependents. The total exclusion cannot exceed $3,000. The premium amount is not included in income and is not subject to the early distribution penalty."

@brianc0610

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brianc0610

Thank you, so to clarify if I pay my health insurance out of my pension and not from a 401,457 or RHSP, I am still able to claim the deduction? Example my monthly pension is $8500 and I pay $1400 a month for health insurance out of my pension. Am I qualified for the deduction?

Bm9999

I keep reading people responding to this saying that the payment to your medical insurance has to come directly from your pension. That was the case in the past however in 2022 that changed with the I believe it's the save act 2.0. now you can pay your own premiums out of your own pocket as long as you're retired at public safety officer it doesn't matter that it comes out of your pension you can pay it directly