EIC and NYS disability retirement?

[luap1420]

Client is a retired NYS police officer that receives a $100k disability (3/4) pension which NYS has not sent a 1099-R for (not taxable and no w/holding taken out). Client also has a nominal $4k W-2 for work in a golf course pro shop and some interest which amounts to $5,500 in AGI.  The wages trigger a $335 EIC in ProSeries.   Am i missing something or does client actually qualify for the EIC??    

[Terry53029 · Accepted solution]

If he has a W2 that is earned income, and at least 25 years old, but not older than 65 for federal. some states are different