ABLE Act Cathy Brown Director of Public Policy and Advocacy Paraquad
Overview of tonight’s presentation Why
do we need things like the ABLE Act/ABLE Accounts?
Brief Key
history of State and Federal passage provisions in the legislation
Timelines Key
for implementation in Missouri
opportunities for families to shape implementation
Not part of tonight's presentation Guarantees
on final provisions of implementation – this is all in process
Individual
financial advice – I am not a wealth management professional, financial advisor or tax professional
The Need. Having
a disability can be expensive (equipment, AT that’s not covered, accessibility features, medical bills, etc)
70%
of people with disabilities – of working age – are not in the workforce
People
with disabilities are twice as likely than any other minority group to live in poverty
The Need. For
people with disabilities who need personal assistance (need ‘staff’, an attendant, etc) unless families or individuals can pay out of pocket, publicly funded programs - like Medicaid – are the only game in town
The Need. ď‚› Publicly
funded programs (SSI, SSDI, SNAP, Housing assistance, Medicaid) are means tested programs
ď‚› That
means you have to meet eligibility criteria - functional AND financial
Missouri Medicaid Eligibility
In Missouri, to get Medicaid under the “Aged, Blind and Disabled” category:
monthly income of 85% of Federal Poverty Level ($834 a month for an individual)
Have no more than $999 in assets/resources for an individual
Prove disability status (SSI/SSDI definition)
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*Social Security also has an asset limit of $2,000
Conclusion…. If
you need to access public benefits due to disability you are required to be – and stay - extremely poor
Disincentives
to wealth accumulation, economic selfsufficiency and employment exist at all levels of our publicly funded systems of support*
Families
and individuals needed a way to save money and still access necessary supports and services
----------*my opinion.
Some families decided they’d do something about it…
First Federal Legislation to allow savings accounts that do not count when determining eligibility for public benefits was introduced in 2006
Families and disability related organizations advocated for its passage
Stephen Beck, Jr., Achieving a Better Live Experience (ABLE) Act of 2014 was included in the Tax Increase Prevention Act of 2014
ď‚›
Through a series of compromises H.R. 5771 (it included other stuff, too) was passed with overwhelming bipartisan support in both chambers of congress and signed into law by President Obama December 19, 2014
What did the Federal Legislation do?
The ABLE Act amended Section 529 of the Internal Revenue Service Code of 1986 to create an opportunity for tax-free savings accounts for individuals with disabilities.
Modeled after “529 College Savings Accounts” (in Missouri its called Missouri MOST)
Federal legislation didn’t actually create the accounts it only allowed States to do so State action is necessary
Who knew you could like tax code so much?
Missouri’s ABLE Act
SB 174 was prefilled by Sen. Eric Schmitt on December 30th, 2014
Advocates gave him a heads up as the Federal Legislation was making its way through Congress, consulted with him on statutory language, testified and advocated with the Missouri General Assembly
Missouri’s ABLE Act was “Truly Agreed to and Finally Passed” on May 6th, 2014 with overwhelmingly bipartisan support Witnesses who testified in favor of the legislation included;
Cathy Brown, Director of Public Policy and Advocacy, and Aimee Wehmeir, Executive Director, of Paraquad;
Randy Hylton, from the Missouri Association of Sheltered Workshop Managers;
Jeremie Ballinger, of the Down Syndrome Association of Greater St. Louis;
Mike Moorefield, of the Missouri State Treasurer’s Office;
Doug Riggs, a father of a son with down syndrome;
Cory Backues, a father of a child with a disability;
Ann Mangelsdorf, of St. Louis Arc;
Wendy Sullivan, CEO of Easter Seals;
and Wayne Lee, a disability advocate.
Missouri’s ABLE Act signed into Law
Signed by Governor Nixon on June 29th, 2015 at the Southeast Missouri State Autism Center – the Tailor Institute in Cape Girardeau, MO
MO Able Act – Who is an eligible beneficiary?
Individuals who acquired their disability prior to age 26
AND
Meet the disability requirements for SSI/SSDI or must submit certification with a physician’s diagnosis that the individual meets the eligibility criteria
MO Able Act – Who is an eligible beneficiary?
The individual with a disability, also known as the beneficiary, is the same person whose name is on file as the account holder.
In some cases, as in guardians and power of attorneys, the person themselves may not the manager of the account.
Limited to one account per individual with a disability that must be established in the state of residency
MO ABLE Act – How much can you save?
$14,000 annual contribution limit per account
The first $100,000 in an account is exempt from SSI
Once the balance exceeds $100,000, the value counts as an asset and one could lose his or her SSI benefits or have them suspended
$325,000 lifetime aggregate cap on the account balance
MO ABLE Act – where’s all this money coming from? Anyone can contribute to ABLE accounts
The account holder
Family
Friends
Employer
Tax refunds
Electronic Transfers
Settlements from lawsuits
Inheritances
Etc…..
MO ABLE Act – what can you do with the money? You
may only withdraw money for “qualified disability expenses”.
Qualified
disability expenses include basic living expenses and are not limited to items for which there is a medical necessity or which solely benefit an individual with a disability.
Education Housing Transportation Employment training and support Administrative services Assistance for personal care attendants Assistive technology Healthcare expenses, prevention and wellness Financial management Legal fees
MO ABLE Act – how is that going work? TBD…. State
and Federal Regulations will specify things
like:
how you prove ‘disability related expense’
Maybe you’ll just have to check a box saying you certify it is then keep documentation incase you are audited
how
you get the money
Debit card type option? By transaction? Direct to store/provider? Lump sum per month?
MO ABLE Act – YOUR input on Implementation is important…
Proposed federal regulations are currently out for public comment until September 21, 2015
Regulations take opinions and comments into consideration, and publish final regulations as they become available
via the Federal e-Rulemaking Portal at: http://www.regulations.gov (IRS REG-102837-15)
https:// www.federalregister.gov/articles/2015/06/22/2015-15280/guidance-under-sec
What kinds of things will the Federal regulations address? The
Treasury Department and the IRS request comments on all aspects of the proposed rules.
The
Treasury Department and the IRS request comments on what other conditions should be deemed to meet the requirements of section 529A(e)(2)(A)(i) (Disability definitions/certification of disability
The
Treasury Department and the IRS request comments regarding how a qualified ABLE program will be able to demonstrate eligibility in subsequent years if it allows deemed re-certifications.
Because
the designated beneficiary will be subject to gift and/or generation-skipping transfer tax if the successor designated beneficiary is not a sibling of the designated beneficiary, the Treasury Department and the IRS request comments regarding whether the final regulations should permit States to require that a successor designated beneficiary also must be a sibling of the designated beneficiary.
The
Treasury Department and the IRS request comments as to whether and to what extent a qualified ABLE program should be permitted to require that funds from another State's ABLE program be accepted only through program-to-program transfers.
The
Treasury Department and the IRS request comments regarding what types of expenses should be considered qualified disability expenses and under what circumstances.
MO ABLE Act – YOUR input on Implementation is important…
Even though the Federal Government said states can move forward, then come into compliance with final Federal Regulations when they are published, it is likely Missouri will wait, according to the STO’s office
MO ABLE Act – YOUR input on Implementation is important… State
regulations are published by the Secretary of State’s office (http:// www.sos.mo.gov/adrules/csr/csr.asp) and open for a comment period before they are finalized
The
Missouri State Treasurer’s office estimates people will be able to start opening accounts Q3, FY’16 (July/Aug/Sept)
Back to the need…
Having a disability can be expensive (equipment, AT that’s not covered, accessibility features, medical bills, etc)
70% of people with disabilities – of working age – are not in the workforce
People with disabilities are twice as likely than any other minority group to live in poverty
A Note on ABLE Accounts
An advocate said “ABLE Accounts are not economic development tools, they are tools for the economically developed”
This doesn’t address the issue of poverty for everyone
ABLE Accounts will only solve some problems for some people
Still have to qualify for Medicaid at this level – LOW monthly eligibility and at $1,000 need a special acct.
In Missouri, to get Medicaid under the “Aged, Blind and Disabled” category:
monthly income of 85% of Federal Poverty Level ($834 a month for an individual)
Have no more than $999 in assets/resources for an individual
Prove disability status (SSI/SSDI definition)
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*Social Security also has an asset limit of $2,000
Other policy change to ensure people with disabilities can achieve economic some self-sufficiency Increase
Medicaid monthly income eligibility
Increase
asset limits – ensure we don’t create huge disparities across the disability community
Do you really want to have to create an ABLE Account if you have an extra $200? $500?
Adjust
Missouri’s Medicaid Buy-in Program (TTWHAP) so people can earn more money and pay a premium for Medicaid coverage
Questions? Cathy Brown Director – Public Policy and Advocacy Paraquad 314.289.4251 cbrown@paraquad.org
Special Needs Trust vs. ABLE Account
http://www.pathfindersforautism.org/articles/view/able_accounts_vs_special_needs_trusts