| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 36 MRSA §5122, sub-§2, śM, as amended by PL 2001, c. 396, | §34 and affected by §50, is further amended to read: |
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| M. An amount, for For each taxpayer who is a primary | recipient of benefits under an employee retirement plan or | who is 65 years of age or older on the last day of the | taxable year who has interest, dividends or net capital | gains taxable in this State that are included in federal | adjusted gross income modified as otherwise provided by | this section, an amount that is the lesser of: |
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| (1) Six thousand dollars reduced by the total amount | of the primary recipient's social security benefits | and railroad retirement benefits paid by the United | States, but not less than $0 The following amounts | reduced by the total amount of the primary | recipient's social security benefits and railroad | retirement benefits paid by the United States, but | not less than $0, for each tax year beginning in the | following years. The reduction does not apply to | benefits paid under a military retirement plan; or: |
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| For tax years beginning January 1, 2012, the deduction under | this subparagraph is equal to the amount of the maximum social | security benefit reduced by the total amount of social__ | security benefits and railroad retirement benefits actually | received by the taxpayer, but not less than $0.__The State Tax | Assessor by September 15th of each year shall determine the | amount of the deduction and incorporate the change, if any, |
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