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DE HB60
Bill
Status
6/10/2015
Primary Sponsor
Melanie Smith
Click for details
AI Summary
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Establishes the Delaware Achieving a Better Life Experience (ABLE) Program under a new Chapter 96A in Title 16 to allow individuals with disabilities and their families to save funds for qualified disability expenses.
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Creates a 6-member Achieving a Better Life Experience Board chaired by a Governor-appointed member, including the State Treasurer, Secretary of Health and Social Services, two public members, a Delaware College Investment Board member, and a person with a disability.
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Allows any person to open and contribute to accounts for eligible individuals (those receiving federal Social Security disability/blindness benefits before age 26 or with approved disability certification), with contributions made only in cash and limited to federal ABLE Act contribution caps.
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Prohibits designated beneficiaries from having more than one account, using accounts as loan security, or directing account investments, while exempting ABLE accounts from state/local means-tested income eligibility determinations.
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Amends Title 10 § 4916 to provide bankruptcy/creditor protection for ABLE accounts similar to existing protections for college savings accounts, with limitations on exemptions for contributions made within 365 days prior to creditor claims.
Legislative Description
An Act To Amend Titles 10 And 16 Of The Delaware Code Relating To Savings Accounts To Support Individuals With Disabilities.
Last Action
Signed by Governor
6/10/2015