Delaware Vote Tracker

SB210 – Making ABLE Savings Accounts Compliant with Federal law – Passes Senate

Senate Bill 210 is a clean up bill that responds to federal regulations for state sponsored savings account programs that were finalized in the last year by making changes to the Delaware laws that establish the ABLE accounts to it into conformity with Federal law. 

DEpendABLE, Delaware’s Achieving a Better Life Experience (ABLE) program, allows individuals with disabilities and their families to save for a broad range of expenses on a tax-advantaged basis without jeopardizing their benefits from supplemental security income (SSI), Medicaid and other federal and state programs.

The federal regulations, among other things, resolve questions related to who may establish and exercise signature authority over an ABLE account. The final regulations clarify that an eligible individual with legal capacity may delegate signature authority to any other person and provide a hierarchy of persons who may establish or exercise signature authority over an ABLE account for an individual without legal capacity. The final regulations also clarify that expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses.

The Senate passed the bill unanimously last month.

Senate Bill 210 SponsorsYes VotesNo Votes
Paradee, Sokokla, Townsend, Gay, Hansen, Poore, Pinkney, Lopez, Pettyjohn, WilsonSenate Passed 21-0. Brown Ennis Gay Hansen Lockman Mantzavinos Paradee Pinkney Poore S.McBride Sokola Sturgeon Townsend Walsh Bonini Hocker Lawson Lopez Pettyjohn Richardson Wilson
Griffith, Heffernan, Baumbach, Longhurst, Lynn, K.Johnson, Osienski, Carson, Gray
Current Status: House Health & Human Development 1/20/22

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