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General Assembly Substitute Bill No. 376
February Session, 2022
AN ACT CONCERNING THE DEPARTMENT OF DEVELOPMENTAL
SERVICES' RECOMMENDATIONS REGARDING ABLE ACCOUNTS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 3-39r of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2022): 2
(a) Notwithstanding any provision of the general statutes, moneys 3
invested in an individual ABLE account, contributions to an individual 4
ABLE account and distributions for qualified disability expenses 5
pursuant to sections 3-39j to 3-39q, inclusive, shall be disregarded for 6
purposes of determining an individual's eligibility for assistance under 7
the temporary family assistance program, as described in section 17b-8
112, programs funded under the federal Low Income Home Energy 9
Assistance Program block grant, the state-administered general 10
assistance program, established pursuant to section 17b-190, and any 11
other federally funded assistance or benefit program, including, but not 12
limited to, the state's medical assistance program, whenever such 13
program requires consideration of one or more financial circumstances 14
of an individual for the purpose of determining the individual's 15
eligibility to receive any assistance or benefit or the amount of any 16
assistance or benefit. 17
(b) Notwithstanding any provision of the general statutes, no moneys 18 Substitute Bill No. 376
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invested in the ABLE accounts shall be considered to be an asset for 19
purposes of determining an individual's eligibility for need-based, 20
institutional aid grants offered to an individual at the public eligible 21
educational institutions in the state. 22
Sec. 2. Section 3-39j of the 2022 supplement to the general statutes is 23
repealed and the following is substituted in lieu thereof (Effective July 1, 24
2022): 25
As used in this section and sections 3-39k to 3-39r, inclusive: 26
(1) "Achieving a better life experience account" or "ABLE account" 27
means an account established and maintained pursuant to sections 3-28
39k to 3-39q, inclusive, for the purposes of paying the qualified 29
disability expenses related to the blindness or disability of a designated 30
beneficiary. 31
(2) "Deposit" means a deposit, payment, contribution, gift or other 32
transfer of funds. 33
(3) "Depositor" means any person making a deposit into an ABLE 34
account pursuant to a participation agreement. 35
(4) "Designated beneficiary" means any eligible individual who [has 36
established an ABLE account under a qualified ABLE program and] is 37
the owner of [such] an ABLE account established under a qualified 38
ABLE program. 39
(5) "Disability certification" means, with respect to an individual, a 40
certification to the satisfaction of the Secretary of the Treasury of the 41
United States by the individual or the parent or guardian of the 42
individual or an individual establishing an ABLE account pursuant to 43
subsection (g) of section 3-39k, as amended by this act, that (A) certifies 44
that (i) the individual has a medically determinable physical or mental 45
impairment, that results in marked and severe functional limitations, 46
and that can be expected to result in death or that has lasted or can be 47
expected to last for a continuous period of not less than twelve months, 48 Substitute Bill No. 376
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or is blind within the meaning of Section 1614(a)(2) of the Social Security 49
Act, and (ii) such impairment or blindness occurred before the date on 50
which the individual attained the age of twenty-six, and (B) includes a 51
copy of the individual's diagnosis relating to the individual's relevant 52
impairment or blindness that is signed by a physician who is licensed 53
pursuant to chapter 370 or, to the extent permitted by federal law, (i) an 54
advanced practice registered nurse who is licensed pursuant to chapter 55
378, (ii) a physician assistant who is licensed pursuant to chapter 370, or 56
(iii) if the individual's impairment is blindness, an optometrist licensed 57
pursuant to chapter 380. 58
(6) "Eligible individual" means an individual who is entitled to 59
benefits during a taxable year based on blindness or disability under 60
Title II or XVI of the Social Security Act, and such blindness or disability 61
occurred before the date on which the individual attained the age of 62
twenty-six, provided a disability certification or self-certification with 63
respect to such individual is filed with the State Treasurer for such 64
taxable year. 65
(7) "Federal ABLE Act" means the federal ABLE Act of 2014, P.L. 113-66
295, as amended from time to time. 67
(8) "Participation agreement" means an agreement between the trust 68
established pursuant to section 3-39k and depositors that provides for 69
participation in an ABLE account for the benefit of a designated 70
beneficiary. 71
(9) "Qualified disability expenses" means any expenses related to an 72
eligible individual's blindness or disability that are made for the benefit 73
of an eligible individual who is the designated beneficiary, including the 74
following expenses: Education, housing, transportation, employment 75
training and support, assistive technology and personal support 76
services, health, prevention and wellness, financial management and 77
administrative services, legal fees, expenses for oversight and 78
monitoring, funeral and burial expenses, and other expenses that are 79
approved by the Secretary of the Treasury of the United States under 80 Substitute Bill No. 376
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regulations adopted by the Secretary pursuant to the federal ABLE Act. 81
(10) "Self-certification" means a certification, under penalty of 82
perjury, to the satisfaction of the Secretary of the Treasury of the United 83
States by an individual establishing an ABLE account that (A) certifies 84
that (i) the individual has a medically determinable physical or mental 85
impairment that results in marked and severe functional limitations and 86
that can be expected to result in death or that has lasted or can be 87
expected to last for a continuous period of not less than twelve months, 88
or is blind within the meaning of Section 1614(a)(2) of the Social Security 89
Act, (ii) such impairment or blindness occurred before the date on which 90
the individual attained the age of twenty-six, and (iii) the person 91
establishing the account is the individual who will be the designated 92
beneficiary of the account or is a person authorized to establish such 93
account under the provisions of subsection (g) of section 3-39k, as 94
amended by this act, and (B) includes the applicable diagnostic code 95
from those listed on Internal Revenue Service Form 5498-QA identifying 96
the individual's impairment. 97
Sec. 3. Section 3-39k of the general statutes is repealed and the 98
following is substituted in lieu thereof (Effective July 1, 2022): 99
(a) The State Treasurer (1) shall establish a qualified ABLE program 100
pursuant to the federal ABLE Act and sections 3-39j to 3-39q, inclusive, 101
and (2) may contract with any state with a qualified ABLE program 102
established pursuant to the federal ABLE Act to provide residents of this 103
state with access to such state's program. 104
(b) (1) Under the program established pursuant to subdivision (1) of 105
subsection (a) of this section: (A) The State Treasurer shall administer 106
individual ABLE accounts to encourage and assist eligible individuals 107
and their families in saving private funds to provide support for eligible 108
individuals, and (B) a person may make contributions to an individual 109
ABLE account to meet the qualified disability expenses of the 110
designated beneficiary of the account. 111 Substitute Bill No. 376
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(2) For the purposes of such program, there is established within the 112
Office of the State Treasurer the Connecticut Achieving A Better Life 113
Experience Trust. The trust shall constitute an instrumentality of the 114
state and shall perform essential governmental functions, as provided 115
in sections 3-39j to 3-39q, inclusive. The trust shall receive and hold all 116
payments and deposits intended for ABLE accounts as well as gifts, 117
bequests, endowments or federal, state or local grants and any other 118
funds from public or private sources and all earnings, until disbursed in 119
accordance with sections 3-39j to 3-39q, inclusive. 120
(c) (1) The amounts on deposit in the trust shall not constitute 121
property of the state and the trust shall not be construed to be a 122
department, institution or agency of the state. Amounts on deposit in 123
the trust shall not be commingled with state funds and the state shall 124
have no claim to or against, or interest in, such amounts, except as 125
provided in subdivision (2) of this subsection. Any contract entered into 126
by, or any obligation of, the trust shall not constitute a debt or obligation 127
of the state and the state shall have no obligation to any designated 128
beneficiary or any other person on account of the trust and all amounts 129
obligated to be paid from the trust shall be limited to amounts available 130
for such obligation on deposit in the trust. The amounts on deposit in 131
the trust may only be disbursed in accordance with the provisions of 132
sections 3-39j to 3-39q, inclusive. 133
(2) The trust shall continue in existence as long as it holds any 134
deposits or other funds or has any obligations and until its existence is 135
terminated by law, and upon termination of the trust, any unclaimed 136
assets of the trust shall return to the state. Property of the trust shall be 137
governed by section 3-61a. 138
(d) The State Treasurer shall be responsible for the receipt, 139
maintenance, administration, investment and disbursements of 140
amounts from the trust. The trust shall not receive deposits in any form 141
other than cash. No depositor or designated beneficiary may direct the 142
investment of any contributions or amounts held in the trust other than 143
in the specific fund options provided for by the trust and shall not direct 144 Substitute Bill No. 376
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investments in such specific fund options more than two times in any 145
calendar year. No interest, or portion of any interest, in the program 146
shall be used as security for a loan. 147
(e) A person may make deposits to an ABLE account to meet the 148
qualified disability expenses of the designated beneficiary of the 149
account, provided the trust and deposits meet the other requirements of 150
this section, the federal ABLE Act and any regulations adopted 151
pursuant to the federal ABLE Act by the Secretary of the Treasury of the 152
United States. 153
(f) On or before December 31, 2017, and annually thereafter, the State 154
Treasurer shall submit (1) in accordance with the provisions of 155
subsection (a) of section 3-37, a report to the Governor on the operations 156
of the trust, including the receipts, disbursements, assets, investments 157
and liabilities and administrative costs of the trust for the prior fiscal 158
year, and (2) in accordance with the provisions of section 11-4a, a report 159
on the trust and any contract entered into pursuant to subdivision (2) of 160
subsection (a) of this section to the joint standing committees of the 161
General Assembly having cognizance of matters relating to finance and 162
public health, and shall make such report available to each depositor 163
and designated beneficiary. The report required under subdivision (2) 164
of this subsection shall include, but need not be limited to: (A) The 165
number of ABLE accounts; (B) the total amount of contributions to such 166
accounts; (C) the total amount and nature of distributions from such 167
accounts; and (D) a description of issues relating to the abuse of such 168
accounts, if any. 169
(g) An ABLE account may be established (1) by the eligible 170
individual, (2) by a person selected by the eligible individual, or (3) if 171
the eligible individual is unable to establish an ABLE account, on behalf 172
of such individual by, in the following order: Such individual's agent 173
under a power of attorney, a conservator or legal guardian, spouse, 174
parent, sibling, grandparent, or a representative payee appointed for the 175
eligible individual by the Social Security Administration. 176 Substitute Bill No. 376
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This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 3-39r
Sec. 2 July 1, 2022 3-39j
Sec. 3 July 1, 2022 3-39k
PH Joint Favorable Subst.