PolicyBrief
H.R. 9750
119th CongressJul 16th 2026
Public Service Retirement Tax Relief Act of 2026
IN COMMITTEE

The Public Service Retirement Tax Relief Act of 2026 caps federal income tax on state and local government pensions to ensure retirees pay no more than $10,000 in tax on their pension income.

Michael Lawler
R

Michael Lawler

Representative

NY-17

LEGISLATION

Public Service Retirement Tax Relief Act of 2026 Sets $10,000 Federal Tax Cap on State and Local Pensions

The Public Service Retirement Tax Relief Act of 2026 introduces a significant change to the Internal Revenue Code that effectively puts a ceiling on how much the federal government can take from state and local government pensions. Starting in the 2026 tax year, the bill ensures that the total federal income tax owed by a pensioner cannot exceed the amount they would pay on their non-pension income plus a flat $10,000. Essentially, if your pension was pushing you into a much higher tax bracket, this bill creates a mathematical 'stop' to prevent your tax bill from spiraling simply because of your years in public service.

Capping the Tax Collector

Under Section 2, the bill creates a specific formula for calculating this limit. Imagine a retired high school teacher or a former city administrator who receives a robust pension but has very little other income—perhaps just a small part-time job or some modest investments. Currently, their pension is stacked on top of that other income, potentially leading to a high total tax bill. This legislation changes the math: the IRS would first calculate what you owe on your 'normal' income (the non-pension stuff) and then add a maximum of $10,000 for the pension portion. If your current tax calculation is higher than that combined total, you pay the lower amount. It’s a direct financial guardrail for those who spent their careers in the public sector.

The Joint Filer Nuance

For those who file taxes with a spouse, the bill includes a specific requirement that prevents a 'double dip' unless both partners earned it. According to the text, for married couples filing jointly, this tax cap only kicks in if both spouses are recipients of a state or local government pension. This means if one spouse is a retired firefighter and the other worked in the private sector, the household won't qualify for this specific cap. However, if both were public servants—say, a retired librarian and a retired police officer—the household can benefit from this new tax ceiling starting after December 31, 2025.

Real-World Retirement Math

To see how this plays out, consider a retired state engineer who receives a $90,000 annual pension and earns $15,000 from a hobby business. Under current law, they are taxed on the full $105,000. Under this bill, their tax would be capped at whatever the tax is on $15,000, plus $10,000. For many middle-to-upper-income public retirees, this could represent thousands of dollars in annual savings. The bill is straightforward with low vagueness, providing clear dates and dollar amounts, though it does create a distinct tax advantage for public sector retirees that their private-sector neighbors with 401(k) plans won't share.