Updated July 29, 2026. Quick answer: Ordinary severance meets none of the conditions in 4 U.S.C. §114(b)(1). It is not one of the enumerated plan types, and it is not a §3121(v)(2)(C) arrangement paying substantially equal amounts over ten years. So it falls outside the federal protection entirely — and both New York and California source it to where the services were performed.
Be precise about what the statute does
§114 does not exclude severance by name. The accurate claim is that ordinary severance does not meet its conditions — because a severance-labelled arrangement structured as a §3121(v)(2)(C) plan paying substantially equal amounts over ten years or more could in principle qualify. That is unusual, but the distinction is the difference between a defensible statement and an overstatement.
What the two big states say
New York names it. 20 NYCRR §132.4(d)(1) provides that compensation for personal services “includes, but is not limited to, amounts received in connection with the termination of employment”, taxable to a nonresident to the extent the services were performed in New York.
California is equally direct in its residency manual: benefits “directly related to California employment such as sick leave, bonuses, vacation pay, and severance pay, are includible as California income”, citing decisions of its own board of equalization.
| Payment | Federal §114 protection |
|---|---|
| Qualified plan distribution | Yes — no schedule condition |
| NQDC over 10+ years | Yes |
| Ordinary severance | No |
| Accrued vacation, bonuses, sick pay | No |
The practical consequence for someone negotiating an exit. If a package can be structured as retirement income that satisfies the federal conditions rather than as severance, the state-tax treatment changes entirely — and that is a conversation to have while terms are still open, not after the first payment lands.
Sources
4 U.S.C. §114; 20 NYCRR §132.4(c) and (d), §132.18(a) and §132.20; New York Tax Law §632(b)(1)(B); NY Advisory Opinion TSB-A-24(11)I. All read July 2026.
This states what the cited authority says. It is not tax advice, and retirement-plan design turns on facts about your business and your other entities that no page can see. Every dollar limit referenced here is indexed and changes annually.