CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 218Introduced by Senator DoddFebruary 01, 2017 An act to add Section 4885 to the Welfare and Institutions Code, relating to the Qualified ABLE Program. LEGISLATIVE COUNSEL'S DIGESTSB 218, as introduced, Dodd. The Qualified ABLE Program: tax-advantaged savings accounts.Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a designated beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing state law authorizes a designated beneficiary, as defined, to have one ABLE account for these purposes.This bill would authorize the transfer of all amounts in the designated beneficiarys ABLE account to an ABLE account for another individual specified by either the designated beneficiary or the estate of the designated beneficiary upon the death of the designated beneficiary. The bill would prohibit the state from seeking distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid under the states Medicaid plan and would prohibit the state from filing a claim for the payment, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4885 is added to the Welfare and Institutions Code, to read:4885. (a) Notwithstanding any other state law, all amounts in the designated beneficiarys ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the states Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 218Introduced by Senator DoddFebruary 01, 2017 An act to add Section 4885 to the Welfare and Institutions Code, relating to the Qualified ABLE Program. LEGISLATIVE COUNSEL'S DIGESTSB 218, as introduced, Dodd. The Qualified ABLE Program: tax-advantaged savings accounts.Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a designated beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing state law authorizes a designated beneficiary, as defined, to have one ABLE account for these purposes.This bill would authorize the transfer of all amounts in the designated beneficiarys ABLE account to an ABLE account for another individual specified by either the designated beneficiary or the estate of the designated beneficiary upon the death of the designated beneficiary. The bill would prohibit the state from seeking distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid under the states Medicaid plan and would prohibit the state from filing a claim for the payment, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 218
Introduced by Senator DoddFebruary 01, 2017
Introduced by Senator Dodd
February 01, 2017
An act to add Section 4885 to the Welfare and Institutions Code, relating to the Qualified ABLE Program.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 218, as introduced, Dodd. The Qualified ABLE Program: tax-advantaged savings accounts.
Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a designated beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing state law authorizes a designated beneficiary, as defined, to have one ABLE account for these purposes.This bill would authorize the transfer of all amounts in the designated beneficiarys ABLE account to an ABLE account for another individual specified by either the designated beneficiary or the estate of the designated beneficiary upon the death of the designated beneficiary. The bill would prohibit the state from seeking distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid under the states Medicaid plan and would prohibit the state from filing a claim for the payment, as specified.
Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a designated beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing state law authorizes a designated beneficiary, as defined, to have one ABLE account for these purposes.
This bill would authorize the transfer of all amounts in the designated beneficiarys ABLE account to an ABLE account for another individual specified by either the designated beneficiary or the estate of the designated beneficiary upon the death of the designated beneficiary. The bill would prohibit the state from seeking distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid under the states Medicaid plan and would prohibit the state from filing a claim for the payment, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4885 is added to the Welfare and Institutions Code, to read:4885. (a) Notwithstanding any other state law, all amounts in the designated beneficiarys ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the states Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4885 is added to the Welfare and Institutions Code, to read:4885. (a) Notwithstanding any other state law, all amounts in the designated beneficiarys ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the states Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.
SECTION 1. Section 4885 is added to the Welfare and Institutions Code, to read:
### SECTION 1.
4885. (a) Notwithstanding any other state law, all amounts in the designated beneficiarys ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the states Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.
4885. (a) Notwithstanding any other state law, all amounts in the designated beneficiarys ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the states Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.
4885. (a) Notwithstanding any other state law, all amounts in the designated beneficiarys ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the states Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.
4885. (a) Notwithstanding any other state law, all amounts in the designated beneficiarys ABLE account, upon the death of the designated beneficiary, may be transferred to an ABLE account for another eligible individual specified by either the designated beneficiary or the estate of the designated beneficiary.
(b) Following the death of a designated beneficiary, the state shall not seek distribution of any amount remaining in the designated beneficiarys ABLE account for any amount of medical assistance paid for the designated beneficiary after the establishment of the account under the states Medicaid plan established under Title XIX of the Social Security Act, and the state shall not file a claim for the payment under Section 529A of the Internal Revenue Code.