BILL ANALYSIS Ó SENATE COMMITTEE ON GOVERNANCE AND FINANCE Senator Robert M. Hertzberg, Chair 2015 - 2016 Regular ------------------------------------------------------------------ |Bill No: |AB 1553 |Hearing |6/15/16 | | | |Date: | | |----------+---------------------------------+-----------+---------| |Author: |Irwin |Tax Levy: |No | |----------+---------------------------------+-----------+---------| |Version: |2/29/16 |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant|Grinnell | |: | | ----------------------------------------------------------------- Savings plans: qualified ABLE program Changes the state's implementation of Achieving a Better Life Accounts. Background California law does not automatically conform to changes to federal tax law, except for specific retirement provisions. Instead, the Legislature must affirmatively conform to federal changes. Conformity legislation is introduced either as individual tax bills to conform to specific federal changes, like the Mortgage Debt Forgiveness Relief Act (AB 1393, Perea, 2014), or as one omnibus bill that provides that state law conforms to federal law as of a specified date, currently January 1, 2015 (AB 154, Ting, 2010). On December 19, 2014, President Obama signed the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE), which allows individuals who became blind or disabled before reaching age 26 to create tax-free savings accounts. ABLE accounts generally follow the same rules as educations savings accounts allowed by Section 529 of the Internal Revenue Code (529s): individuals can make nondeductible cash contributions to an ABLE account in the name of a specified beneficiary, and earnings can grow tax free. ABLE account distributions are also not included in the beneficiary's income so long as they're used AB 1553 (Irwin) 2/29/16 Page 2 of ? for qualified services for the beneficiary, and distributions don't exceed the cost of the qualified services. The ABLE Act directed states to establish one ABLE account for each beneficiary who is a resident of the state. The ABLE Act additionally directed the Internal Revenue Service (IRS) to issue regulations to implement the program to guide states as they enact legislation creating ABLE accounts. IRS has since issued proposed regulations, updated them, and issued Publication 907: Tax Highlights for Persons with Disabilities, which details ABLE accounts. Last year, the Legislature enacted two complementary bills to comprehensively implement ABLE accounts in California, which created the ABLE trust with specified powers, as well as an ABLE board with specified membership within the State Treasurer's Office to administer the program, among other measures (SB 324, Pavley, and AB 449, Irwin). The ABLE Act Board has not yet formally met, and doesn't have dedicated staff, but the 2016-17 Governor's Budget proposed an $850,000 loan from the General Fund to cover the program's startup costs, which Senate Budget Subcommittee #4 recently approved. California along with other states find themselves at different points in the process of implementing the ABLE Act: Ohio became the first state to implement ABLE accounts on June 2nd, with Iowa, Nebraska, and Florida likely to follow soon. With California getting ready to implement ABLE accounts, the State Treasurer's Office wants to change two sections of law implementing the ABLE Act in the state. Beneficiary Eligibility. When the Legislature enacted the two bills, they required that to be eligible, a beneficiary must be entitled to benefits based on blindness and disability under the Social Security Act, with onset before 26 years of age, and have a disability certificate filed pursuant to ABLE Act requirements. However, responding to comments on the proposed regulations, updated Internal Revenue Service guidance now also allows a beneficiary to qualify on the basis of a certification, signed under penalties of perjury, that the individual has a condition that meets all of the required elements, and that a diagnosis signed by a physician regarding the relevant impairment or impairments have been obtained. Contracting. AB 449 allowed the ABLE Act Trust to enter into AB 1553 (Irwin) 2/29/16 Page 3 of ? contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. Proposed Law Assembly Bill 1553 makes the following changes to the state's ABLE Act conformity laws as enacted by SB 324 and AB 449: Modifies the eligibility definition to allow an individual to qualify as a beneficiary who either: o Is entitled to benefits based on blindness or disability under the Social Security Act, and that blindness or disability occurred before the individual reached age 26. o Has filed a disability certification, as defined in the federal ABLE Act, pursuant to the requirements set forth in the federal ABLE Act. Allows the ABLE Act Board to enter into a multistate contract with an account servicer to implement the program, Allows the ABLE Act Board to enter into a long-term contract with an account servicer to recoup costs from administering ABLE accounts in the first years of administration, and Exempts contracts listed above from provisions of the Public Contract Code that precludes contractors who have been awarded consulting services contracts from submitting bids and being awarded contracts for providing services, procuring goods or supplies, or any other related action which is required, suggested, or otherwise deemed appropriate in the end product of the consulting services contract. The measure also makes technical and grammatical changes. AB 1553 (Irwin) 2/29/16 Page 4 of ? State Revenue Impact No estimate. Comments 1. Purpose of the bill . According to the author, "The California ABLE Act as signed into law by Governor Brown in late 2015 will provide people with disabilities a critical service by allowing them to save money for the future without jeopardizing their disability benefits. The State Treasurer and ABLE Act Board have requested the authority to enter into a multistate, long-term contract with an account service provider in order to successfully implement the ABLE Act in a cost-effective manner. Current statute does not give them this authority. AB 1553 is cleanup language that will allow the successful and effective implementation of AB 449 (Irwin 2015) and SB 324 (Pavley 2015)." 2. Account servicing . TIAA-CREF Tuition Financing, Inc. currently manages the state's Scholarshare program, along with ten other distinct state-sponsored 529 college savings plans. ABLE accounts provide similar preferential tax treatment as Scholarshare accounts; however, investments may not grow as much as under Scholarshare because distributions support immediate and ongoing expenses for an individual with disabilities. Scholarshare will also likely have more enrollees than ABLE accounts. Accordingly, the State Treasurer believes that entering into a multistate consortium for administration of ABLE accounts may help minimize implementation costs. Other states' implementation strategies vary: Nebraska and Iowa will likely manage accounts for beneficiaries who aren't located in their states, but Florida's program only applies to its residents. Ohio manages accounts for both residents and nonresidents, but charges non-Ohioans higher fees. 3. Necessary ? AB 449 authorized the ABLE Act trust to make and enter into contracts necessary for the administration of the ABLE program trust, and engage personnel, including consultants, actuaries, managers, counsel, and auditors, as necessary for the purpose of rendering professional, managerial, and technical assistance and advice. As such, it's unclear whether AB 1553 AB 1553 (Irwin) 2/29/16 Page 5 of ? contract authorizations are necessary beyond the bill's disconnection of Public Contract Code provisions that generally prohibits a consultant from bidding on or being awarded a follow-on contract based on the product of a previous contract by that consultant. The Committee may wish to consider whether AB 1553's contract authorizations are needed. 4. Technical . As currently drafted, AB 449 may allow an individual whose blindness or disability had onset after age 26 to qualify as an ABLE Act beneficiary. If this is the case, then Committee staff recommends a technical amendment ensuring that this requirement applies. Assembly Actions Assembly Revenue and Taxation 9-0 Assembly Appropriations 19-0 Assembly Floor 79-0 Support and Opposition (6/9/16) Support : State Treasurer John Chiang, The Arc and United Cerebral Palsy, Financial Services Institute, State Council on Developmental Disabilities. Opposition : None received. -- END --