BILL ANALYSIS Ó AB 449 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 449 (Irwin) - As Amended May 5, 2015 ----------------------------------------------------------------- |Policy |Revenue and Taxation |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill establishes a state Achieving a Better Life Experience (ABLE) program, and generally conforms the personal income tax and corporation tax laws to the federal tax treatment of ABLE accounts. The ABLE program allows people to make contributions to an ABLE account for the purpose of paying certain disability expenses on behalf of eligible persons, based on blindness or disability under the federal Social Security Act, and provides that money in an ABLE account does not count towards determining eligibility for state and local means-tested programs. The bill requires the Treasurer to administer the ABLE program, AB 449 Page 2 ensuring compliance with federal ABLE Act requirements, and remains in effect for taxable years beginning on or after January 1, 2016, and before January 1, 2021. FISCAL EFFECT: 1)Administrative costs of approximately $330,000 to the Treasurer to administer the program; potentially significant administrative costs to the Franchise Tax Board. 2)Estimated GF revenue decreases of approximately $900,000 per fiscal year once the program becomes fully implemented. COMMENTS: 1)Purpose. According to the author, many people with disabilities and their families depend on a variety of public benefits for income, health care, food, and housing. There are strict eligibility requirements for many of these benefits. For example, Supplemental Security Income/State Supplementary Payment does not allow recipients to hold more than $2,000 in assets. As a result, disabled individuals on public benefits are discouraged from working and saving, as they cannot remain eligible if they save more than the means test allows. 2)ABLE Accounts. The federal ABLE Act is designed to recognize the significant costs of living with a disability, including raising children with disabilities or caring for adults with disabilities. Eligible individuals and families can establish and fund ABLE savings accounts with up to $100,000 without jeopardizing their eligibility for public benefits. The ABLE accounts are administered like federal 529 college savings AB 449 Page 3 accounts, and funds saved can be used only for disability-related expenses. If the account value exceeds $100,000, federal benefits are suspended. This bill provides access to federally-recognized ABLE accounts to eligible individuals with disabilities and provides similar shielding from state benefit eligibility tests. The program is administered by the Treasurer, who also administers 529 college savings accounts. 3)A Big Help. The new federal ABLE program provides disabled individuals and their families with a few key benefits. The program effectively eliminates the asset tests for many of means-tested federal benefits, excluding up to $100,000 from the qualification standard. The ABLE program also provides a useful alternative to more expensive and complicated special needs trusts, the only previous structure that could shield assets from the federal means test. Similar to 529 accounts, interest and income earned on funds in ABLE accounts, as well as distributions for qualifying disability expenses, are not taxed. Unlike 529 accounts, however, ABLE accounts are likely to be used to cover immediate expenses such as health care and housing. Most funds deposited in 529 accounts remain for years, earning significant tax-free income that will be used to pay for college. Tax-free growth in ABLE accounts will not provide a similar benefit unless the funds can be saved for long periods of time. AB 449 Page 4 Analysis Prepared by:Joel Tashjian / APPR. / (916) 319-2081