How SUNY Professors Can Preserve the Tax-Free Benefit of Their ORP Plan

by Steven Witter, CFP®
No items found.

🧑‍🏫 Understanding the SUNY ORP Plan and Preserving Its NYS Tax-Free Status

What Is the SUNY ORP?

The SUNY Optional Retirement Program (ORP) is a defined-contribution retirement plan offered to SUNY faculty and professional staff in unclassified titles. Funded by both the employee and SUNY, ORP accounts are held with TIAA, Fidelity, Corebridge, or Voya.

Unlike traditional pension systems like TRS or ERS, ORP offers portability and investment flexibility—but also places more responsibility on the employee to make informed decisions about contributions, investments, and withdrawals.

One of the ORP’s most overlooked benefits is this: Distributions from SUNY employer contributions and their earnings are fully exempt from New York State income tax. That exemption can be worth tens of thousands of dollars over the course of retirement—but only if preserved and handled correctly.

✅ What Parts of ORP Are Tax-Free?

Under New York State law, ORP distributions tied to SUNY employer contributions and earnings are completely exempt from NYS and NYC income tax—no age requirement, no annual limit.

However, not all ORP-related funds qualify:

  • Your voluntary contributions, such as employee deferrals or supplemental accounts (like SRAs), do not qualify for the full exemption.
  • Those non-exempt portions may still be eligible for the $20,000 NYS pension exclusion (if you're over age 59½ and taking periodic distributions).

To preserve the full tax exemption, it’s critical to keep your ORP funds separate, identify the origin of your assets, and carefully plan rollovers or withdrawals.

🧾 How to Preserve the Tax-Free Benefit

  1. Identify Employer vs. Employee Contributions
    We help you break down your ORP account to determine how much qualifies for full state tax exemption. Many providers do not make this easy—it requires interpretation of years of contribution records and plan documents.
  2. Structure Withdrawals Strategically
    Choosing the right order of withdrawals—ORP vs. IRA vs. 403b—can minimize taxes. We help structure distributions to prioritize tax-free sources and create an efficient retirement paycheck.
  3. Avoid Losing the Exemption in a Rollover
    If you roll your ORP into an IRA, the tax-free treatment doesn’t automatically follow. We show you how to preserve the tax-exempt portion and document it for tax time.
  4. Coordinate with Other Retirement Accounts
    Most SUNY professors have multiple accounts—TRS or ERS pensions, 403b, 457b, Roth, and IRAs. We create an integrated withdrawal strategy that balances tax-efficiency, cash flow, and long-term sustainability.

💡 Why Work With Bentham Wealth Advisors?

At Bentham Wealth, we specialize in helping SUNY faculty plan for and transition into retirement. We understand the complexities of the SUNY retirement system—including ORP, TRS, 403b and the NYS Deferred Compensation Plan—and we know how to translate your benefits into a retirement strategy that works.

Here’s what sets us apart:

  • Deep Experience with SUNY Retirement Plans
    We work with professors across SUNY campuses, from Buffalo to Cornell. We’ve helped countless faculty navigate their retirement options, including how to claim and preserve the ORP’s tax-free status.
  • Fee-Only, Fiduciary Advice
    We don’t sell products or receive commissions. Our only incentive is to help you make the best financial decisions possible—for your goals, your family, and your future.
  • Integrated, Personalized Planning
    Retirement is more than just account balances. We help SUNY professors plan around sabbaticals, dual academic households, healthcare costs in retirement, legacy planning, and more.
  • Tax-Aware Strategies
    Most advisors miss the state tax nuances of SUNY ORP. We make sure you don’t.

Ready to Maximize Your SUNY ORP Retirement?

If you’re a SUNY faculty member within 5–10 years of retirement—or already thinking about distributions—now is the time to plan.

We’ll help you:

  • Preserve your NYS tax-free ORP status
  • Avoid costly rollover mistakes
  • Create a personalized, tax-efficient retirement income plan