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AB-2253 Public social services programs: qualified ABLE Program accounts.(2017-2018)

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Date Published: 02/13/2018 09:00 PM
AB2253:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2253


Introduced by Assembly Member Irwin

February 13, 2018


An act to amend Section 4880 of the Welfare and Institutions Code, relating to public social services.


LEGISLATIVE COUNSEL'S DIGEST


AB 2253, as introduced, Irwin. Public social services programs: qualified ABLE Program 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 beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act.
Existing law requires that an ABLE account only be established for a designated beneficiary who is a resident of the United States, and that the board market the program to residents of the United States to the extent funds are available. Existing law also provides that moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed $100,000, do not count toward determining eligibility for a state or local means-tested program.
This bill would repeal the $100,000 limitation on moneys in, contributions to, and distributions for qualified disability expenses from, an ABLE account, for purposes of determining eligibility for a state or local means-tested program.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4880 of the Welfare and Institutions Code, as added by Section 2.5 of Chapter 529 of the Statutes of 2017, is amended to read:

4880.
 (a) Notwithstanding any other law, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, not to exceed one hundred thousand dollars ($100,000), account shall not count toward determining eligibility for a state or local means-tested program.
(b) Notwithstanding subdivision (a), Section 103 of Division B of Public Law 113-295 and Sections 17140.4 and 23711.4 of the Revenue and Taxation Code shall apply.
(c) (1) Notwithstanding any other law, moneys in an ABLE account, not to exceed one hundred thousand dollars ($100,000), shall be exempt from enforcement of a money judgment without making a claim.
(2) A money judgment in favor of the State Department of Health Care Services shall not be subject to the exemption provided in paragraph (1) during any period of time in which federal law or guidance issued by the federal Centers for Medicare and Medicaid Services requires the department to recover funds from ABLE accounts for reimbursement of qualifying Medi-Cal expenditures.
(d) This section shall become operative on September 1, 2018.