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Taxation of 403(b) Distributions by New York State

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The advisory opinion states:  "The distributions from that plan are specifically exempt from New York State and New York City personal income taxes pursuant to section 13-561 of the New York Administrative Code".  

Section 13-561 refers to the DB TRS pension plan not  the TRS 403(b) plan.  This is why the legislature specifically wrote section 13-561 i 3 which states:   The exemption from state and municipal tax provided in section 13-561 for return of contributions shall not apply to withdrawal of tax-deferred annuity net contributions.”

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