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Bill > S804


NJ S804

NJ S804
"New Jersey Disability Savings Act."


summary

Introduced
01/09/2024
In Committee
01/09/2024
Crossed Over
Passed
Dead

Introduced Session

2024-2025 Regular Session

Bill Summary

This bill expands the "New Jersey Achieving a Better Life Experience (ABLE) Program," P.L.2015, c.185 (C.52:18A-250 et al.) to incentivize qualified individuals with disabilities and their families to save for disability-related expenses in tax-advantaged savings accounts, known as ABLE accounts. Pursuant to current federal statute, qualified individuals who have significant disabilities with onset prior to age 26 years, and who receive Supplemental Security Income or Social Security Disability Insurance benefits, may contribute as much as the federal gift tax limit, or $16,000 in 2022, to a qualifying ABLE account. Individuals with disabilities, or their parent or guardian, may open an ABLE account in the individual's state of residence, or in another state. As of January 2022, there are 49 ABLE plans operating nationwide. Funds deposited into an ABLE account may only be used for qualifying disability-related expenses such as transportation, housing, education, assistive technology, legal fees, and personal support services. Distributions from a New Jersey ABLE account are not subject to federal tax, provided the distributions do not exceed the individual's disability-related expenses for the year. New Jersey statute currently limits total lifetime contributions to an ABLE account to $305,000. Once the value of an ABLE account exceeds $100,000, SSI cash benefits for the ABLE account owner are suspended until the account's value falls below this threshold. However, a qualifying individual will not lose Medicaid benefits, no matter the balance in an ABLE account. Pursuant to the bill, all contributions to a qualifying New Jersey ABLE account are fully-deductible on a New Jersey State tax return, similar to qualifying contributions to the State's Section 529 educational savings program, known as the NJBEST. As amended, the bill additionally incentivizes taxpayer savings in New Jersey ABLE accounts by providing up to $750 in dollar-for-dollar matching funds for taxpayers whose gross annual income equals $150,000 or less, and who deposit funds into a newly opened ABLE account. It is important to note, however, that the savings incentives instituted under this bill are subject to the annual appropriations process. Therefore, the bill authorizes the Department of Human Services to select a methodology for allocating these incentive funds in years in which State appropriations for these incentive payments are insufficient to fulfill the provisions of the bill.

AI Summary

This bill expands the "New Jersey Achieving a Better Life Experience (ABLE) Program" to incentivize individuals with disabilities and their families to save for disability-related expenses in tax-advantaged ABLE accounts. The key provisions include: 1. Allowing a one-time grant of up to $750 as a dollar-for-dollar match for the initial deposit into a new ABLE account by a taxpayer with a gross income of $150,000 or less, subject to annual appropriations. 2. Allowing taxpayers to deduct their contributions to a New Jersey ABLE account or a qualifying state ABLE account from their gross income on their state tax returns, similar to the state's 529 educational savings program. 3. Authorizing the Department of Human Services to develop a methodology to allocate the savings incentives if the annual appropriations are insufficient to meet the full provisions of the bill. The bill aims to encourage and facilitate savings for individuals with disabilities and their families to cover a range of qualified disability-related expenses, such as transportation, housing, education, and assistive technology.

Committee Categories

Health and Social Services

Sponsors (5)

Last Action

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 01/09/2024)

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