- 3 - providing the same benefits as the City ordinance. In accordance with the provisions of the collective bargaining agreement, petitioner received annual disability pension payments equal to 66 2/3 percent of his salary at the time of his retirement. The disability pension ordinance of the City has been consistently applied to allow only those firefighters injured in the line of duty to receive a disability pension. During the year 1992, petitioner received disability pension payments in the total amount of $20,691, none of which was reported as gross income on his Federal income tax return for the year. OPINION Respondent contends that petitioner may not exclude from gross income amounts received under the disability pension plan of the City because the City ordinance implementing the plan is neither a worker's compensation act nor in the nature of a worker's compensation act as required by statute. It does not meet statutory requirements, argues respondent, because the wording of the ordinance does not specifically limit benefits to those who are disabled due to work-related injury or sickness. Respondent also argues that if petitioner received his disability payments pursuant to the agreement between the City and the Union, they are not excludable because the agreement is not a "statute" in the nature of a worker's compensation act.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011