TR-2011-49 SENIOR CITIZENS EXEMPTIONS ti
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TR-2011-49
A RESOLUTION RAISING EXEMPTION AMOUNTS FOR SENIOR CITIZENS PURSUANT TO GENERAL LAW
CHAPTER 59, SECTION 5, CLAUSE 41C
(SPONSORED BY: MAYOR RICHARD A. COHEN)
WHEREAS, Massachusetts General Law 59, Section 5,Clause 41C(M.G.L.c. 59, §5 cl.41C) provides that a
City may adopt a real property tax exemption by adopting M.G.L. c. 59, §5 cl.41C; and
WHEREAS, the Town of Agawam adopted M.G.L, c. 59, §5 cl.41C in 1986; and
WHEREAS, the City Council may vote to adjust certain factors affecting Senior Citizens contained in
M.G.L. c. 59, §5 cl.41C;and
WHEREAS,the current income limits for single seniors is$13,000.00 and married seniors is$15,000.00;
and
Whereas,the current asset limits for single seniors is$28,000.00 and married seniors is$30,000.00;and
Whereas)the current exemption amount for seniors is$500.00.
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NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL pursuant to M.G.L. c. 59 §59 4 OP
4 C.1)
raises the income limits$16,500.00 for single seniors and $22,500.00 for married seniors; and raj�es t r-
asset limit to $34,000.00 for single seniors and $42,500.00 for married seniors; and raises the exe0hpti.
amount to$1,000.00. Said increases to take effect July 1, 2012. co
IS_±DAY OF
DATED TH 2011. C-
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PER ORDER OF THE AGAWAM CITY COUNCIL r"Ofb
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Donald M. Rhe ult, President
A ROVED.AS 0.FORM AND LEGALITY 0AI
Vincen?Fy%EKoscia,City Solicitor cc
MAYORAL ACTION
Received this [j9 dayof —, 2011fromCoun cil Clerk.
Signed by Council President this day ofDJb bik , 2011.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Aga harter, as
I hereby approve the passage of the above legislation on this r-P day of
10 M 2011.
12
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2011 for the following reason(s):
Richard A.Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this IQ day of 12011.
Informational Guideline Release (IGR) No. 02-209
.September 2002
CLAUSE 41C EXEMPTION OPTIONS
Chapter 184§51 of the Acts of 2002
(Amending G.L. Ch. 59§5(41C))
SUMMARY:
This legislation creates a new provision that allows communities to make certain
adjustments in the eligibility requirements seniors must meet in order to qualify for a
property tax exemption under G.L. Ch. 59 §5(41C) and in the amount of exemption
granted to those qualifying. Commurdties still operating under Clause 41 or 41B cannot
use this option.
Under the legislation, a new second sentence has been added to G.L. Ch. 59
§5(41C). It allows communities to reduce the eligibility age, and increase the gross
receipts and whole estate limits, within specified parameters. They may also increase
the exemption amount by up to 100%. All adjustments are made in towns by vote of
town meeting and cities by vote of the city council and approval of the mayor.
This new provision is now in effect. Therefore, the new options may be used for
fiscal year 2003, but any adjustments would have to be voted before the actual tax bills
are mailed since that triggers the exemption application period.
GUIDELINES:
A. LOCAL ACTION
1. Adjustments
An adjustment to an eligibility factor or the exemption a-mount must be made by
vote of town meeting in a town or city council with the approval of the mayor in
a city.
2. Effective Date
The vote should explicitly state the fiscal year in which the adjusted eligibility
factor or exemption amount will first apply and should take place before the tax
rate is set and actual tax bills are mailed for that year.
PROPERTY TAX BUREAU DANIEL J. MURPHY, CHIEF
3. Revision
The adjusted eligibility factor or exemption amount established in this manner will
apply unless a new vote is taken establishing a different factor or amount
B. ALLOWABLE ADTUSTMENTS
The community may make any or all of the adjustments explained in d-Lis section.
1. Minimum Age
The eligibility age may be reduced from 70 to 65. If this adjustment is voted, any
applicant who has reached the age of 65 as of the applicable July I qualification
date would be eligible for a Clause 41C exemption.
2. Exemption Amount
The amount of the exemption granted to eligible applicants may be increased by
any ]2ercentaM up to 100%. For example, if the community votes to increase the
exemption amount by 100%, eligible applicants would receive an exemption of
$1,000 (or $8,000 in valuation if greater), instead of the current$500 (or $4,000 in
valuation if greater).
In communities that also vote to grant an optional additional exemption under
Chapter 73, Section 4, of the Acts of 1986 for a particular fiscal year, the additional
amount is based on the adjusted exemption a-mount. For example, if the
community votes to increase the exemption amount by 50% to $750, any optional
additional exemption percentage would be applied to $750, rather than $500.
3. Gross RecejpLs Limi
The gross receipts Emit that applies to the applicant may be increased to ALly
amount up to $20,000 if single and $30,000 if married. The current limit is
$13,000 if the applicant is single and $15,000 if married.
A co-owner who is not the applicant's spouse may Lot exceed the current gross
receipts limit of$13,000 if single and $15,000 if married. No adjustments may be
made in those amounts.
In communities that also accept G.L. Ch. 59 §5(41D), which provides for an
annual cost of living adjustment (COLA) in the Clause 41C gross receipts limits,
0
the COLA is applied to the adjusted limits for applicants and the current limits
for co-owners.
-3-
4. Whole Estate Limit
The whole estate limit that applies to the- applicant may be increased to any
amount up to $40,000 if single and $55,000 if married. The current limit is
$28,000 if the applicant is single and $30,000 if married.
A co-owner who is not the applicant's spouse may not exceed the current whole
estate limit of $28,000 if single and $30,000 if married. No adjustments may be
made in those amounts.
In communities that also accept G.L. Ch. 59 §5(41D), which provides for an
annual COLA in the Clause 41C whole estate limits, the COLA is applied to the
adjusted limits for applicants and the current limits for co-owners.
5. Whole Estate Exclusion
The whole estate exclusion for the value of the applicant's domicile may be
increased from no more than two units in addition to the unit occupied by the
applicant i.e., no more than a three family house, to no more than three
additional units. If this adjustment is voted, an applicant may exclude the entire
value of no more than a four family house.
A co-owner who is not the applicarif's spouse may not exclude more than the
va.lue of a three family home. No adjustments may be made in that exclusion.
C. ACCOUNTING
All exemptions granted continue to be charged to the overlay. Assessors in
communities that vote to make adjustments are advised to review the adequacy
of their overlay accounts before setting the tax rate.
D. STATE REIMBURSEMENTS
Communities that vote to make adjustments that result in more or higher
exemptions than previously granted will not receive any additional state
reimbursement. Reimbursements are fixed at the amount the community received
in the last year it operated under Clause 41.
CLAUSE 41C SENIOR EXEMPTION OPTIONS
Allowable ad2ustments under 2"d sentence of G.L. Ch. 59 W41C) added by St. 2002, Ch. 184
APPLICANT EACH CO-OWNER NOT APPLICANT'S SPOUSE
ELIGIBLE AGE Current Law Allowable Adhustmen
70 65
INCOME LIMITS Current Law Allowable Afflustment Current Law— No Adjustment Allowed
Deductions: $13,000 Single Up to $20,000 Single Each Co-owner
(1) Minimum Social Security/ $15,000 Married Up to $30,000 Married $13,000 Single
retirement allowance set by DOR $15,000 Married
each year and (2) business
expenses or losses (i.e., only net
profits/rental income included)
Married limit is combined income of
both spouses
ASSET LIMITS Current Law Allowable Adjustmen Current Law— No Admustment Allowed.
Married limit is combined assets of $28,000 Single Up to $40,000 Single Each Co-owner
both spouses $30,000 Married Up to $55,000 Married $28,000 Single
$30,000 Married
ASSET DEDUCTIONS Current Law Allowable Adjustment Current Law—No Afflustment Allowed
(1) Home up to number of units Up to 3 Family Up to 4 Family Each Co-owner
noted, (2) Registered vehicles, (3) Up to 3 Family
cemetery plots, (4) household
furniture/effects at domicile and (5)
wearing apparel
EXEMPTION AMOUNT Current Law Allowable Adlustment
$500 Up to $1000
Amount prorated by % of applicant's
ownership interest if co-owns with
anyone but spouse
-6-
SAMPLE ACCEPTANCE VOTES
(Consult with municipal counsel)
ADJUSTED EXEMPTION AMOUNT FOR CLAUSE 17s
VOTED: That the city/town accept the provision of General Laws Chapter 59, Section 5 added
by Chapter 181 of the Acts of 1995, which authorizes an annual increase in the amount of the
exemption granted to senior citizens, surviving spouses and surviving minors under General
Laws Chapter 59, Section 5, Clause [insert clause used in community,e.g., Clause 17131, by up
to 100% of the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Index (CPI) for the previous year as determined by the Commissioner of
Revenue, and to fix that annual increase at [insert method of fixing increase e.g., 100% of
CP1; 2.5% or 100% of the CP1,whichever is less] to be effective for exemptions granted for
any fiscal year beginning on or after July 1,
ADJUSTED ASSET LIMIT FOR CLAUSE 17s
VOTED: That the city/town accept General Laws Chapter 59, Section 5, Clause 17E, which
authorizes an annual increase in the asset(whole estate) limit for exemptions granted to senior
citizens, surviving spouses and surviving minors under General Laws Chapter 59, Section 5,
Clause [insert clause used in community,e.g., Clause 17D], by the percentage increase in the
U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the previous
year as determined by the Commissioner of Revenue, to be effective for exemptions granted for
any fiscal year beginning on or after July 1,_.
AW-USTED INCOME AND ASSET LIMITS FOR CLAUSE 41s
VOTED: That the city/town accept General Laws Chapter 59, Section 5, Clause 41 D, which
authorizes an annual increase in the income (gross receipts) and asset(whole estate) limits for
exemptions granted to senior citizens under General Laws Chapter 59, Section 5, [insert clause
used in community, e.g., Clause 41CI, by the percentage increase in the U.S. Department of
Labor, Bureau of Labor Statistics, Consumer Price Index for the previous year as determined by
the Commissioner of Revenue, to be effective for exemptions granted for any fiscal year
beginning on or after July 1,
��Pwr)
Good Evening,
My name is Corinne Wingard. I live at 194 Elm St. in Agawam and I
am here tonight to ask you not to pass the Mayor's resolution for the
Senior Property Tax Exemption as presented.
This is th e wrong plan at the wrong time and,
if passed as it is, will be severely detrimental to the Town.
To give an additional $500.00 to the 200 people the Mayor has said
could qualify and have been sent letters, would total $100,000.00 in lost
revenue for the Town. In fact, the loss would be even greater than that.
I spoke with the Massachusetts Department of Revenue and learned
that when Agawam passed this law, in 1986, the number of residents for
whom the State will reinburse our Town $500.00 for the tax exemption,
was set at 167.
This means that if 200 residents were given $1 ,000.00, the State
would only reinburse $500.00 for 167 of them.
The Town would be responsible for the full cost of $1 ,000.00 each
for the remaining 33 residents as well as the additional $500.00 for the first
137, thus the actual total cost to the Town would be $116,500.00 in lost
revenue for the next fiscal year. j L/ 9
I Fy� --/� 1��Olu
We are experiencing the worst economic crisis in our Country since
the Great Depression. Consider the difficulty we have had with this years
budget, and that next year is not likely to be a lot better. This is no time to
give up $116,500.00 in revenue.
As a senior citizen myself, retired for 11 years, living on a fixed
income, that goes less far each year, I certainly appreciate how important it
is to help our vulnerable senior citizens. An increase of 20%, or $100.00,
bringing the exemption up to $600.00, would help make up for Seniors not
getting Social Security increases for 3 years, and be more appropriate in
these economic times.
The second problem with the Mayor's proposal is his plan to
increase the income levels for exemptions. Before we do that, we need
to intensively analyze the 2010 Census figures for Agawam residents age
70 and over, and the 2005-2009 American Community Survey of poverty
percentages. We need to be sure that all residents who would be eligible
under the current guidelines, know about this Senior Property Tax
Exemption. This is a matter of fairness.
I would be very interested to know how the Mayor came up with the
200 names to be sent letters, particularly since, according to the State
Department of Revenue, only 47 people in Agawam received the Senior
Tax Exemption in 2010.
If this is such a good idea, why didn't the Mayor propose it 12 years
ago, when he first became Mayor, and economic times were so much
better? If this was the right thing to do, our eligibile seniors could have
been receiving this increased benefit all along, instead of being offered it
now, at this particular election time.
And don't forget, if this is passed and we lose $116,500.00 in
revenue, either services will have to be cut, or senior citizens who are not
eligible for the exemption, will be among those seeing an increase in their
property taxes.
This is nothing but a political ploy by the Mayor to get senior votes.
Political ploys are not unusual, surprising, or unexpected in election
years. The problem with this one is that it hurts the Town. We simply
cannot afford to give up $116,500.00 in revenue for our next fiscal year.
I would ask you to study this proposal closely and consider all it's
ramifications.
The bottom line here, is, that if you give people that big an exemption,
for which the State will not reinburse the Town, then you're giving up the
tax income they otherwise would have paid, which, let me say again,
would be $116,500.00.
Please, act in the best interest of Agawam and do not approve this
proposal as presented by the Mayor.
Thank you.
Informational Guideline Release (IGR) No. 02-209
September 2002
CLAUSE 41C EXEMPTION OPTIONS
Chapter 184§51 of the Acts of 2002
(Amending G.L. Ch. 59 §,5(41C))
SUMMARY:
This legislation creates a new provision that allows communities to make certain
adjustments in the eligibility requirements seniors must meet in order to qualify for a
property tax exemption under G.L. Ch. 59 §5(41C) and in the amount of exemption
granted to those qualifying. Communities still operating under Clause 41 or 41B cannot
use this option.
Under the leolation, a new second sentence has been added to G.L. Ch. 59
§5(41C). It allows communities to reduce the eligibility age, and increase the gross
receipts and whole estate limits, within specified parameters. They may also increase
the exemption amount by up to 100%. All adjustments are made in towns by vote of
town meeting and cities by vote of the city council and approval of the mayor.
0
This new provision is now in effect Therefore, the new options may be used for
fiscal year 2003, but any adjustments would have to be voted before the actual tax bills
are mailed since that triggers the exemption application period.
GUIDELINES:
A. LOCAL ACTION
1. Adjustinents
An adjustment to an eligibility factor or the exemption amount must be made by
vote of town meeting in a town or city council with the approval of the mayor in
a city.
2. Effective Date
The vote should explicitly state the fiscal year in which the adjusted eligibility
factor or exemption amount will first apply and should take place before the tax
rate is set and actual tax bills are mailed for that year.
PROPERTY TAX BUREAU DANIEL J. MURPHY, CHIEF
TR-2011-49
A RESOLUTION RAISING EXEMPTION AMOUNTS FOR SENIOR CITIZENS PURSUANT TO GENERAL LAW
CHAPTER 59, SECTION 5, CLAUSE 41C
(SPONSORED BY: MAYOR RICHARD A. COHEN)
WHEREAS, Massachusetts General Law 59, Section 5, Clause 41C(M.G.L.c. 59, §5 cl.41C) provides that a
City may adopt a real property tax exemption by adopting M.G.L.c. 59, §5 cl.41C; and
WHEREAS,the Town of Agawam adopted M.G.L. c. 59, §5 cl.41C in 1986; and
WHEREAS, the City Council may vote to adjust certain factors affecting Senior Citizens contained in
M.G.L. c. 59, §5 cl.41C; and
WHEREAS, the current income limits for single seniors is$13,000.00 and married seniors is$15,000.00;
and
Whereas,the current asset limits for single seniors is$28,000.00 and married seniors is$30,000.00; and
Whereas,the current exemption amount for seniors is$500.00.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL pursuant to M.G.L. c. 59§5 cl.41C
raises the income limits$16,500.00 for single seniors and$22,500.00 for married seniors; and raises the
asset limit to $34,000.00 for single seniors and $42,500.00 for married seniors; and raises the exemption
amount to $1,000.00. Said increases to take effect July 1, 2012.
DATED THIS DAY OF 12011,
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rhe ult, President
A ROVED AS FORM AND LEGALITY
Vincen?Fyeiogcia,City Solicitor
3. Revision
The adjusted eligibility factor or exemption amount established in this manner will
apply unless a new vote is taken establishing a different factor or amount.
B. ALLOWABLE ADJUSTMENTS
The community may make any or all of the adjustments explained in this section.
1. Minimum Age
The eligibility age may be reduced from 70 to 65. If this adjustment is voted, any
applicant who has reached the age of 65 as of the applicable July 1 qualification
date would be eligible for a Clause 41C exemption.
2. Exemption Amount
The amount of the exemption granted to eligible applicants may be increased by
any percentage u12 to 100%. For example, if the community votes to increase the
exemption amount by 100%, eligible applicants would receive an exemption of
$1,000 (or $8,000 in valuation if greater), instead of the current$5bo (or $4,000 in
valuation if greater).
In communities that also vote to grant an optional additional exemption under
Chapter 73, Section 4, of the Acts of 1986 for a particular fiscal year, the additional
amount is based on the adjusted exemption amount For example, if the
community votes to increase the exemption amount by 50% to $750, any optional
additional exemption percentage would be applied to $750, rather than$500.
3. Gross Receipts Limi
The gross receipts hmit that applies to the applicant may be increased to any
amount up to $20,000 if single and $30,000 if married. The current En-dt is
$13,000 if the applicant is single and$15,000 if married.
A co-owner who is not the applicant's spouse may not exceed the current gross
receipts limit of$13,000 if single and $15,000 if married. No adjustments may be
made in those amounts.
In communities that also accept G.L. Ch. 59 §5(41D), which provides for an
annual cost of living adjustment (COLA) in the Clause 41C gToss receipts limits,
the COLA is apphed to the adjusted limits for applicants and the current limits
for co-owners.
4. Whole Estate Limit
The whole estate limit that applies to the-applicant may be increased to any
amount up to $40,000 if single and $55,000 if married. The current limit is
$28,000 if the applicant is single and$30,000 if married.
A co-owner who is not the applicant's spouse may Lot exceed the current whole
estate limit of $28,000 if single and $30,000 if married. No adjustments may be
made in those a-mounts.
In communities that also accept G.L. Ch. 59 §5(41D), which provides for an
annual COLA in the Clause 41C whole estate limits, the COLA is applied to the
adjusted limits for applicants and the current limits for co-owners.
5. Whole Estate Exclusion
The whole estate exclusion for the value of the applicant's domicile may be
increased from no more than two units in addition to the unit occupied by the
applicant, i.e., no more than a three family house, to no more than three
additional units. If this adjust3nent is voted, an applicant may exclude the entire
value of no more than a four family house.
A co-owner who is not the applicant's spouse may not exclude more tha-n the
value of a three family home. No adjustments may be made in that exclusion.
C. ACCOUNTING
All exemptions granted continue to be charged to the overlay. Assessors in
communities that vote to make adjustments are advised to review the adequacy
of their overlay accounts before setting the tax rate.
D. STATE REIMBURSEMENTS
Communities that vote to make adjustments that result in more or higher
exemptions than previously granted will not receive any additional state
reimbursement. Reimbursements are fixed at the amount the community received
in the last year it operated under Clause 41.
CLAUSE 41C SENIOR EXEMPTION OPTIONS
Allowable adiustments under 2"d sentence of G.L. Ch. 59 -45(41 C) added by St. 2002, Ch. 184 -451
APPLICANT EACH CO-OWNER NOT APPLICANT'S SPOUSE
ELIGIBLE AGE Current Law Allowable Adoustment
70 65
INCOME LIMITS Current Law Allowable Adiustment Current Law—No Adoustment Allowed
Deductions: $13,000 Single Up to $20,000 Single Each Co-owner
(1) Minimum Social Security/ $15,000 Married Up to $30,000 Married $13,000 Single
retirement allowance set by DOR $15,000 Married
each year and (2) business
expenses or losses (i.e., only net
profits/rental income included)
Married limit is combined income of
both spouses
ASSET LIMITS Current Law Allowable Adlustment Current Law—No Adiustment Allowed
Married limit is combined assets of $28,000 Single Up to $40,000 Single Each Co-owner
both spouses $30,000 Married Up to $55,000 Married $28,000 Single
$30,000 Married
ASSET DEDUCTIONS Current Law Allowable Ad4ustment Current Law— No AdWstment Allowed
(1) Home up to number of units Up to 3 Family Up to 4 Family Each Co-owner
noted, (2) Registered vehicles, (3) Up to 3 Family
cemetery plots, (4) household
furniture/effects at domicile and (5)
wearing apparel
EXEMPTION AMOUNT Current Law Allowable Adlustmen
$500 Up to $1000
Amount prorated by % of applicant's
ownership interest if co-owns with
anyone but spouse
-6-
SAMPLE ACCEPTANCE VOTES
(Consult With municipal counsel)
ADJUSTED EXEMPTION AMOUNT FOR CLAUSE 17s
VOTED: That the city/town accept the provision of General Laws Chapter 59, Section 5 added
by Chapter 181 of the Acts of 1995, which authorizes an annual increase in the amount of the
exemption granted to senior citizens, surviving spouses and surviving minors under General
Laws Chapter 59, Section 5, Clause [insert clause used in community,e.g., Clause 17D], by up
to 100%of the percentage increase in the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Index (CPI) for the previous year as determined by the Commissioner of
Revenue, and to fix that annual increase at linsert method of fixing increase e.g., 100% of
CPI; 2.5%or 100% of the CP1,whichever is less] to be effective for exemptions granted for
any fiscal year beginning on or after July 1,
ADJUSTED ASSET LIMIT FOR CLAUSE 17s
VOTED: That the city/town accept General Laws ChaUter 59, Section 5, Clause 17E, which
authorizes an annual increase in the asset(whole estate) limit for exemptions granted to senior
citizens, surviving spouses and surviving minors under General Laws Chapter 59, Section 5,
Clause [insert clause used in community,e.g., Clause 17D], by the percentage increase in the
U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for the previous
year as determined by the Commissioner of Revenue,to be effective for exemptions granted for
any fiscal year beginning on or after July 1,_.
ADJUSTED INCOME AND ASSET LIMITS FOR CLAUSE 41s
VOTED: That the city/town accept General Laws Chapter 59, Sectio n 5. Clause 41 D, which
authorizes an annual increase in the income (gross receipts) and asset(whole estate) limits for
exemptions granted to senior citizens under General Laws Chapter 59, Section 5, linsert clause
used in community, e.g., Clause 41C), by the percentage increase in the U.S. Department of
Labor, Bureau of Labor Statistics, Consumer Price Index for the previous year as determined by
the Commissioner of Revenue, to be effective for exemptions granted for any fiscal year
beginning on or after July 1,
TR-2011-49 7
A RESOLUTION RAISING EXEMPTION AMOUNTS FOR SENIOR CITIZENS PURSUANT TO GENERAL LAW
CHAPTER S9, SECTION 5, CLAUSE 41C
(SPONSORED BY: MAYOR RICHARD A. COHEN)
WHEREAS, Massachusetts General Law 59, Section 5, Clause 41C(M.G.L. c. 59, §5 cl.41C) provides that a
City may adopt a real property tax exemption by adopting M.G.L. c. 59, §5 cl.41C; and
WHEREAS, the Town of Agawam adopted M.G.L. c. 59, §5 cl. 41C in 1986; and
WHEREAS,the City Council may vote to adjust certain factors affecting Senior Citizens contained in
M.G.L. c, 59, §5 cl.41C; and
WHEREAS, the current income limits for single seniors is $13,000.00 and married seniors is $15,000.00,
and
Whereas, the current asset limits for single seniors is $28,000-00 and married seniors is $30,000.00; and
Whereas,the current exemption amount for seniors is$500.00.
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL pursuant to M.G.L. c. 59§59 41rjr-
raises the income limits$16,500.00 for single seniors and $22,500.00 for married seniors; and rajjes to,—
asset limit to $34,000.00 for single seniors and $42,500.00 for married seniors; and raises the exeihpt6.G%
amount to $1,000.00. Said increases to take effect July 1, 2012. 1
�
DATED THIS
DAY OF 2011.
....................
PER ORDER OF THE AGAWAM CITY COUNCIL
U,
Donald M. Rhe ult, President
A PROVED AS FORM AND LEGALITY
\Ancen�056/ioscia, City Solicitor
TR-2011-
A RESOLUTION ADOPTING MASSACHUSET-TS GENERAL LAW CHAPTER 59, SECTION 5, CLAUSE 41D
(SPONSORED BY: MAYOR RICHARD A. COHEN)
WHEREAS, Massachusetts General Law 59, Section 5, Clause 41D (M.G.L. c. 59, §5 cl. 41D) provides that
a City may attach a real property tax exemption to the Consumer Price tndex by adopting M-G.L, c. 59,
§5 cl. 4113; and
WHEREAS,the Town of Agawam adopted M.G.L. c. 59, §5 cl. 41C in 1986; and
WHEREAS, the City Council may vote to adjust certain factors affecting Senior Citizens contained in
M.G.L. c. 59, §5 cl. 41C; and
WHEREAS, the Consumer Price index is determined by the United States Department of Labor, Bureau
of Labor Statistics annually; and
Whereas, adopting M.G.L. c-59, § 5 cl. 410 provides for an automatic adjustment in the income and
asset limits allowable under the statute based on a Cost of Living Adjustment; and
Whereas, the many seniors are on a fixed or limited income; and
NOW THEREFORE, BE IT RESOLVED BY THE AGAWAM CITY COUNCIL the Town of Agawam accept M.G.L.
c. 59, §5 cl. 41D, which authorizes an annual increase in the income limits (gross receipts) and asset
limits (whole estates) for exemptions granted to senior citizens under M.G.L. C. 59, §5 cl.41C, by the
percentage increases in the U.S. Department of Labor Statistics, Consumer Price index for the previous
year as determined by the Commissioner of Revenue, to be effective for exemptions granted for any
fiscal year beginning on or after July 1, 2012.
DATED THIS DAY OF 2011.
PER ORDER OF THE AGAWAM CITY COUNCIL um
b r,7
Donald M. Rhe5ult, President
fROOVEDAS (. — ?"- -
A ROVED AS 0 FO�M AND LEGALITY n W--,- u?A
C c�
ko
Vincent F"G-1.0-scia, City Solicitor
CD
C'-)
Mo
FA Town of Agawam
Assessor s Office
36 Main St. Agawam, Massachusetts 01001-1837
Tel. 413-786-0400 X259 Fax 413-786-9927
Email: assessor@agawam.nia.us
TO: Finance Subcomi-nittee, City Council
FROM: Kevin Baldini, Assessor
SUBJECT: Clause 41 C and 17D Exemptions
DATE: September 26, 2011
The changes to the exemption parameters are as follows:
Clause 41C-Senior Exemption Current Proposed
income Limits Single From $13,000 To $16,500.
Married From $15,000 To $22.500
Asset Limits Single From $28,000 To $34,000
Married From $30,000 To $42,500
Exemption Am From $500 To $1,000
The qualifying person must be at least 70 years old by July I of the year to which the exemption applies. The income
limits are a net amount after a standard deduction for social security/retirement allowance set by the Department of
Revenue. The standard deduction for the past three fiscal years has been $4,158 for a single person and $2,079 for their
spouse, for a total for a married couple of$6,237.
If the change to the income and asset limits is passed by the City Council, then the passage of Clause 41 D will
automatically tie those amounts to changes in the Consumer Price Index as given to communities annually by the DOR.
Clause 17D-Senior/Surviving Spouse/Minor exemption is being proposed for change also, The current asset limit is
$40,000 and the current exemption amount is $175.00. The proposed change would automatically tie the asset limit and
exemption amount to a Cost of Living Adjustment as given to the communities by the Commissioner of Revenue. To
qualify, the person must either be 70 by July 1 of the year to which the exemption applies, be a surviving spouse, or
a minor child with a parent deceased who owns and occupies the property.
CLAUSE 41C SENIOR EXEMPTION OPTIONS
Allowable adjustments under 2`1 sentence of G,L. Ch. 59 §5(41C) added by St. 2002,Ch. 184 §51
1 APPLICANT CO-OWNER NOT APPLICANT'S SPOUSE
ELIGIBLE AGE Current Law Allowable Adjustmen
70 65
—IWC—OrvlE LIMITS Current Law Allowable AdjUStIllent -Curren.t Law— No Adjustment Allowed
Deductiotis: $13,000 Single Up to $20,000 Single Each Co-owner
(1) Minimum Social Security/ $15,000 Married Up to $30,000 Married $13,000 Single
retirement allowance set by DOR $15,000 Married
each year and (2) business
expenses or losses (i.e., only net
profits/rental income included)
Married limit is combined income of
both spouses
ASSET LIMITS Current Law Allowable Adiustment Current Law— No-Adjustment Allowed
Married Jimit 'is combined assets of $28,000 Single Up to $40,000 Single Each Co-owner
both spouses $30,000 Married Up to $55,000 Married $28,000 Single
$30,000 Married
ASSET DEDUCTIONS Current Law Allowable Adiustment Current Law— No Aditistnient Allowed
(1) H0111e Lip to number of units Up to 3 Family Up to 4 Family Each Co-owner
noted, (2) Registered vehicles, (3) Up to 3 Family
cemetery plots, (4) household
fU(nitUreleffects at domicile and (5)
wearing apparel
EXEMPTION AMOUNT Current Law Allowable AdjUstment
$500 Up to $1000
Amount prorated by % of applicant's
ownership interest if co-owns with
arlyQlle IAII SpOUS0