Removal of Medicaid Recovery
The Florida legislature took the first step during the 2019 legislative session to amend Florida ABLE statutes and permanently remove Medicaid recovery claims from ABLE United accounts.
This change ensures that those with ABLE accounts are treated in the same manner as those without ABLE accounts when it comes to Medicaid recovery. Florida law clarifies that any remaining funds in an ABLE account must first be distributed for qualified disability expenses then transferred to the estate of the designated beneficiary. Learn more.
Tax Cuts and Jobs Act 2017
When the Tax Cuts and Jobs Act was signed into law on December 22, 2017, it created three provisions that impact ABLE United account holders – in a positive way.
First, rollovers from 529 college savings plan accounts into ABLE accounts are now permitted under federal law. The state of Florida is in the process of amending state rules to allow such rollovers. These types of rollovers must be from the designated beneficiary or a member of the family of the designated beneficiary and will count towards the annual maximum contribution amount ($15,000).
Second, beneficiaries who work and earn income will now be able to make contributions into their ABLE accounts in excess of the annual maximum contribution limit ($15,000). It is important to note that there are limitations that the beneficiary should be aware of before making these types of contributions:
- The amount the beneficiary could contribute above the $15,000 is the lessor of: (i) the beneficiary’s compensation for the taxable year; or (ii) an amount equal to the Federal Poverty Level for a one person household as determined for the preceding calendar year of the tax year in which contributions are made. The limit for 2018 is $12,060.
- The additional contribution would not be allowed if the beneficiary or his/her employer contribute to the beneficiary’s defined contribution plan, to an annuity described in section 403(b) of the IRS Code, or a deferred compensation plan as described in section 457(b) of the IRS Code.
- The beneficiary, or the person administrating the account on behalf of a beneficiary, is responsible for ensuring compliance with the ABLE contribution limits.
Third, individuals who are able to take advantage of contributing earned income to their ABLE account may be able to take advantage of the Federal Tax Savers Credit.
When an individual makes a contribution to their account, they will have the option to select if the contribution should be considered an ABLE to Work contribution.
After championing the ABLE Act, Crenshaw is appointed to the board of Florida’s qualified ABLE program.
Tallahassee, Fla. – Former Congressman Ander Crenshaw is the newest appointee to the ABLE United Board of Directors. ABLE United was created following the passage of the Achieving a Better Life Experience (ABLE) Act, a bill championed by Congressman Crenshaw to benefit individuals with disabilities. The ABLE Act allows these individuals to open tax-free savings accounts without negatively impacting government benefits.
“Congressman Crenshaw’s tenure in congress and commitment to the passing of the ABLE Act is a valuable asset to Florida’s qualified ABLE program,” said ABLE United Chairman John Rood. “The ABLE Act was his signature legislation and demonstrated his ability to build bipartisan support for the greater good.”
The ABLE Act is the most significant piece of legislation for individuals with disabilities since the Americans with Disabilities Act (ADA) of 1990. This federal law, enacted in December 2014, authorizes each state to establish a program that offers tax-free savings and investment options specifically for individuals with disabilities.
“Gaining Congressman Crenshaw as a board member is a great benefit to Floridians with disabilities looking to open an ABLE account,” said Kevin Thompson, Executive Director of ABLE United. “His insights and experience from developing the ABLE Act will ensure the ABLE United program lives up to the intended potential.”
Congressman Crenshaw, an eight-term member of Congress, was active in international affairs and established himself as a respected voice on military issues. Prior to serving in Congress he spent nearly 20 years as an investment banker. He also served as an elected official in the Florida State Legislature, ultimately serving as President of the Florida Senate.
ABLE United, administered by the Florida Prepaid College Board, encourages and assists the saving of private funds to help individuals with disabilities cover costs that support their health, independence and quality of life.
To be eligible to open an ABLE United account, the individual must meet the disability and severity requirements outlined by the Social Security Administration, have experienced the onset of blindness or the disability before age 26, and be a Florida resident. There is no cost to open an account, and the monthly account fee is waived until July 1, 2017.
For more information about ABLE United or to open an ABLE United account, please visit ableunited.com.
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ABOUT ABLE UNITED
The Stephen Beck Jr., Achieving a Better Life Experience (ABLE) Act of 2014, a federal law enacted in December 2014, authorizes each state to establish a program that offers tax-free savings and investment options to encourage individuals with a disability and their families to save private funds to support health, independence, and quality of life. ABLE United is the qualified ABLE program offered by the state of Florida. The program is administered by Florida ABLE, Inc., a direct-support organization of the Florida Prepaid College Board. The board, established in 1987, oversees more than $10 billion in collective investments in the Stanley G. Tate Florida Prepaid College Program and the Florida 529 Savings Program.