AN ACT CONCERNING THE ABLE ACT.
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SB 1476 — AN ACT CONCERNING THE ABLE ACT.
Last action — HOUSE CALENDAR NUMBER 522
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
137 added · 25 removed137 line(s) added, 25 removed.
Senate General Assembly SubstituteFile Bill No.
1476385 January Session, 2025 ANSubstitute ACTSenate CONCERNINGBill THENo. ABLE ACT.
1476 Senate, April 1, 2025 The Committee on Human Services reported through SEN.
LESSER of the 9th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT CONCERNING THE ABLE ACT.
(2) "Authorized individual" means an individual or entity who (A) meetstherequirementsof26CFR1.529A-2toestablishanABLEaccount on behalf of an eligible individual, and (B) is authorized by the state's qualified ABLE program to establish or act on behalf of the designated beneficiarysSB1476 with/ respectFile toNo. an ABLE account.
385 1 sSB1476 File No.
385 beneficiary with respect to an ABLE account.
[(3) "Depositor" means any person making a deposit into an ABLE account pursuant to a participation agreement.] LCO(4)"Designatedbeneficiary"[meansanyeligibleindividualwhoisthe 1owner of 10an SubstituteABLE Billaccount No.established under a qualified ABLE program] has the same meaning as provided in Section 529A.
1476[(5) (4)"Designatedbeneficiary"[meansanyeligibleindividualwhoisthe"Disability ownercertification" means, with respect to an individual, a certification to the satisfaction of the Secretary of the Treasury of the United States by the individual or the parent or guardian of the individual or an individual establishing an ABLE account establishedpursuant underto subsection(g)ofsection3-39k that (A)certifiesthat (i)theindividualhas a qualifiedmedically ABLEdeterminable program]physical or mental impairment, that results in marked and severe functional limitations, and that can be expected to result in death or that has thelasted sameor can be expected to last for a continuous period of not less than twelve months, or is blind within the meaning asof Section 1614(a)(2) of the Social Security Act, and (ii) such impairment or blindness occurred before the date on which the individual attained the age of twenty-six, and (B) includes a copy of the individual's diagnosis relating to the individual's relevant impairment or blindness that is signed by a physician who is licensed pursuant to chapter 370 or, to the extent permitted by federal law, (i) an advanced practice registered nurse who is licensed pursuant to chapter 378, (ii) a physician assistant who is licensed pursuant to chapter 370, or (iii) if the individual's impairment is blindness, an optometrist licensed pursuant to chapter 380.] [(6)] (5) "Eligible individual" [means an individual who is entitled to benefits during a taxable year based on blindness or disability under Title II or XVI of the Social Security Act, and such blindness or disability occurred before the date on which the individual attained the age of twenty-six, provided ina Sectiondisability 529A.certification or self-certification with sSB1476 / File No.
[(5)385 "Disability2 certification"sSB1476 means,File withNo. respect to an individual, a certification to the satisfaction of the Secretary of the Treasury of the United States by the individual or the parent or guardian of the individual or an individual establishing an ABLE account pursuant to subsection(g)ofsection3-39k that (A)certifiesthat (i)theindividualhas a medically determinable physical or mental impairment, that results in marked and severe functional limitations, and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months, or is blind within the meaning of Section 1614(a)(2) of the Social Security Act, and (ii) such impairment or blindness occurred before the date on which the individual attained the age of twenty-six, and (B) includes a copy of the individual's diagnosis relating to the individual's relevant impairment or blindness that is signed by a physician who is licensed pursuant to chapter 370 or, to the extent permitted by federal law, (i) an advanced practice registered nurse who is licensed pursuant to chapter 378, (ii) a physician assistant who is licensed pursuant to chapter 370, or (iii) if the individual's impairment is blindness, an optometrist licensed pursuant to chapter 380.] [(6)] (5) "Eligible individual" [means an individual who is entitled to benefits during a taxable year based on blindness or disability under Title II or XVI of the Social Security Act, and such blindness or disability occurred before the date on which the individual attained the age of twenty-six, provided a disability certification or self-certification with respect to such individual is filed with the State Treasurer for such taxable year] has the same meaning as provided in Section 529A.
[(7)"FederalABLEAct"385 meansthefederalABLEActrespect of2014,to P.L.113-such 295,individual asis amendedfiled fromwith timethe toState time.]Treasurer [(8)]for (6)such "Participationtaxable agreement"year] meanshas an agreement between the LCOsame 2meaning ofas 10provided Substitutein BillSection No.529A.
1476[(7)"FederalABLEAct" meansthefederalABLEAct of2014, P.L.113- 295, as amended from time to time.] [(8)] (6) "Participation agreement" means an agreement between the trust established pursuant to section 3-39k, as amended by this act, and [depositors] a designated beneficiary or authorized individual that provides for participation in an ABLE account for the benefit of a designated beneficiary.
[(10) "Self-certification" means a certification, under penalty of perjury, to the satisfaction of the Secretary of the Treasury of the United States by an individual establishing an ABLE account that (A) certifies that (i) the individual has a medically determinable physical or mental impairment that resultsin markedand severefunctionallimitations and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than twelve months, or is blind within themeaning of Section 1614(a)(2) of the Social Security Act,(ii)suchimpairmentorblindnessoccurredbeforethedateonwhich thesSB1476 individual/ attainedFile the age of twenty-six, and (iii) the person establishing the account is the individual who will be the designated beneficiary of the account or is a person authorized to establish such account under the provisions of subsection (g) of section 3-39k, and (B) includes the applicable diagnostic code from those listed on Internal Revenue Service Form 5498-QA identifying the individual's LCO 3 of 10 Substitute Bill No.
1476385 impairment.]3 (9)"SectionsSB1476 529A"File meansNo. Section 529A of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations adopted thereunder by the United States Department of the Treasury and the Internal Revenue Service, as amended from time to time.
385 the individual attained the age of twenty-six, and (iii) the person establishing the account is the individual who will be the designated beneficiary of the account or is a person authorized to establish such account under the provisions of subsection (g) of section 3-39k, and (B) includes the applicable diagnostic code from those listed on Internal Revenue Service Form 5498-QA identifying the individual's impairment.] (9) "Section 529A" means Section 529A of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, and the regulations adopted thereunder by the United States Department of the Treasury and the Internal Revenue Service, as amended from time to time.
(2) For the purposes of such program, there is established within the Office of the State Treasurer the Connecticut Achieving A Better Life ExperiencesSB1476 Trust./ File No.
385 4 sSB1476 File No.
385 Experience Trust.
The trust shall receive and hold all payments and deposits intended for ABLE accounts as well as gifts, bequests, endowments or federal, state LCOor 4local ofgrants 10and Substituteany Billother No.funds from public or private sources and all earnings, until disbursed in accordance with sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act.
1476 or local grants and any other funds from public or private sources and all earnings, until disbursed in accordance with sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act.
No [depositor] authorized individual or designated beneficiary may direct the investment of any contributions or amounts held in the trust other than in the specific fund options provided for by the trust and shall not direct investments in such specific fund options moresSB1476 than/ twoFile timesNo. in any calendar year.
385 5 sSB1476 File No.
385 more than two times in any calendar year.
(e) A person may make deposits to an ABLE account to meet the qualified disability expenses of the designated beneficiary of the LCOaccount, 5provided the trust and deposits meet the other requirements of 10this Substitutesection Bill[, No.the federal ABLE Act and any regulations adopted pursuant to the federal ABLE Act by the Secretary of the Treasury of the United States] and Section 529A.
1476 account, provided the trust and deposits meet the other requirements of this section [, the federal ABLE Act and any regulations adopted pursuant to the federal ABLE Act by the Secretary of the Treasury of the United States] and Section 529A.
Section 3-39l of the general statutes is repealed and the followingsSB1476 is/ substitutedFile inNo. lieu thereof (Effective from passage):
385 6 sSB1476 File No.
385 following is substituted in lieu thereof (Effective from passage):
LCO(1) 6Receive ofand 10invest Substitutemoneys Billin No.the trust in any instruments, obligations, securities or property in accordance with section 3-39m;
1476 (1) Receive and invest moneys in the trust in any instruments, obligations, securities or property in accordance with section 3-39m;
[and] (8)sSB1476 Pay/ forFile anyNo. fees associated with the administration of individual ABLE accounts;
and385 [(8)] (9) Take any other action necessary to carry out the purposes of sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act, and LCO 7 ofsSB1476 10File Substitute Bill No.
1476385 incidental(8) toPay thefor dutiesany imposedfees onassociated with the Stateadministration Treasurerof pursuantindividual toABLE saidaccounts; sections.
and [(8)] (9) Take any other action necessary to carry out the purposes of sections 3-39j to [3-39q] 3-39r, inclusive, as amended by this act, and incidental to the duties imposed on the State Treasurer pursuant to said sections.
Sec.sSB1476 / File No.
385 8 sSB1476 File No.
385 Sec.
(a) Notwithstanding any provision of the general statutes, to the extent permissible under federal law, moneys invested in an individual LCOABLE 8account, contributions to an individual ABLE account and distributions for qualified disability expenses pursuant to sections 3-39j to 3-39q, inclusive, as amended by this act, shall be disregarded for purposes of 10determining Substitutean Billindividual's No.eligibility for assistance under [the (1) temporary family assistance program, as described in section 17b-112, (2) programs funded under the federal Low Income Home Energy Assistance Program block grant, (3) the state-administered general assistance program, as described in section 17b-191, (4) the optional state supplementation program, as described in section 17b- 600, to the extent such invested moneys, contributions and distributions may be disregarded under the federal Supplemental Security Income Program, and (5) any other federally funded assistance or benefit program, including, but not limited to, the state's medical assistance program, whenever such program requires consideration of one or more financial circumstances of an individual for the purpose of determining the individual's eligibility to receive any assistance or benefit or the amount of any assistance or benefit] any means-tested public assistance program administered by the state or any political subdivision of the state.
1476 ABLE account, contributions to an individual ABLE account and distributions for qualified disability expenses pursuant to sections 3-39j to 3-39q, inclusive, as amended by this act, shall be disregarded for purposes of determining an individual's eligibility for assistance under [the (1) temporary family assistance program, as described in section 17b-112, (2) programs funded under the federal Low Income Home Energy Assistance Program block grant, (3) the state-administered general assistance program, as described in section 17b-191, (4) the optional state supplementation program, as described in section 17b- 600, to the extent such invested moneys, contributions and distributions may be disregarded under the federal Supplemental Security Income Program, and (5) any other federally funded assistance or benefit program, including, but not limited to, the state's medical assistance program, whenever such program requires consideration of one or more financial circumstances of an individual for the purpose of determining the individual's eligibility to receive any assistance or benefit or the amount of any assistance or benefit] any means-tested public assistance program administered by the state or any political subdivision of the state.
Show all 98 changed lines (58 more)
2 from passage 3-39k from passage Sec.
3 from passage 3-39l Sec.sSB1476 / File No.
385 9 sSB1476 File No.
385 Sec.
6 from passage 3-39r LCOStatement 9 of 10Legislative SubstituteCommissioners: Bill No.
1476In StatementSection 1(1), "3-39q" was changed to "[3-39q] 3-39r" for consistency, in Section 1(2), the definition of Legislative"authorized Commissioners:individual" was deleted and replaced with the definition of "authorized individual" in Section 1(4) for clarity and the remaining subdivisions in Section 1 were redesignatedaccordinglyforaccuracy,andinSection1(9),thedefinition of "Section 529A" was rewritten for consistency with standard drafting conventions.
In Section 1(1), "3-39q" was changed to "[3-39q] 3-39r" for consistency, in Section 1(2), the definition of "authorized individual" was deleted and replaced with the definition of "authorized individual" in Section 1(4) for clarity and the remaining subdivisions in Section 1 were redesignatedaccordinglyforaccuracy,andin Section1(9),thedefinition of "Section 529A" was rewritten for consistency with standard drafting conventions.
-LCO LCOsSB1476 10/ ofFile 10No.
385 10 sSB1476 File No.
385 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.
In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.
Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
OFA Fiscal Note State Impact:
None Municipal Impact:
None Explanation This bill makes various changes to the state’s Achieving a Better Life (ABLE) program, which is administered by the State Treasurer.
These changes have no fiscal impact as it is anticipated that the Treasurer will adjust to these responsibilities with existing resources.
The Out Years State Impact:
None Municipal Impact:
None sSB1476 / File No.
385 11 sSB1476 File No.
385 OLR Bill Analysis sSB 1476 AN ACT CONCERNING THE ABLE ACT.
SUMMARY This bill makes various changes to Connecticut’s Achieving a Better Life (ABLE) program (see BACKGROUND).
Specifically, the bill:
1.
changes who is eligible to open an ABLE account to align with federal law;
2.
allows the state treasurer, who administers the ABLE program, to pay fees associated with administering individual ABLE accounts;
and 3.
disregards, to the extent federal law allows, ABLE accounts in all means-tested public assistance programs administered by the state or its political subdivisions, rather than only specific programs listed in current law.
The bill also updates references to federal ABLE statutes and regulations in Connecticut’s statutes to ensure (1) Connecticut’s definitions related to program participants and eligibility align with federal criteria and (2) any future federal changes are automatically incorporated into state statute.
It also makes minor, technical, and conforming changes.
EFFECTIVE DATE:
Upon passage EXPANDED ELIGIBILITY Under current state and federal law, a person who receives Social Security disability benefits and has certified his or her disability in the given tax year is eligible to participate in the ABLE program so long as the person’s disability occurred before age 26.
Effective January 1, 2026, sSB1476 / File No.
385 12 sSB1476 File No.
385 federal law is scheduled to expand ABLE program eligibility to people whose disability occurred before age 46.
The bill aligns Connecticut’s statutory definition of “eligible individual” with the federal definition, effectively expanding eligibility for the state’s program starting in 2026 and automatically incorporating any future eligibility changes enacted under federal law in the state’s program.
AUTHORIZED INDIVIDUALS The bill replaces references to “depositors” with references to “authorized individuals,” to conform with federal law.
Under current state law, a depositor is someone making a deposit into an ABLE account pursuant to a participation agreement (i.e.
the agreement betweenthetrust anddepositortobenefit adesignatedbeneficiary).The bill instead references “authorized individuals,” defined as the people orentitiesauthorizedunder(1)federallawtoestablishanABLEaccount on an eligible individual’s behalf and (2) the state’s qualified ABLE program to establish an ABLE account or act on its designated beneficiary’s behalf.
Under federal regulations and current state law, an ABLE account may be established by the eligible individual or a person he or she chooses.
If the eligible individual is unable to establish his or her own account, their agent, under a power of attorney, or their conservator or legal guardian, spouse, parent, sibling, grandparent, or representative payee appointed for them by the Social Security Administration, in that order, can establish the account (26 CFR 1.529A-2(c)).
INCOME DISREGARDS To the extent allowed by federal law, the bill requires any funds invested in, contributed to, or distributed from an ABLE account to be disregarded when determining an individual’s eligibility for assistance under any means-tested public assistance program administered by the state or its political subdivisions.
Under current law, these funds are disregardedonlyforthefollowing federallyfundedassistanceorbenefit programs:
sSB1476 / File No.
385 13 sSB1476 File No.
385 1.
the Temporary Family Assistance program, 2.
programs funded under the federal Low Income Home Energy Assistance Program, 3.
the state-administered general assistance program (SAGA), 4.
the optional State Supplement Program, to the extent the federal Supplemental Security Income program allows, and 5.
any other federally funded assistance or benefit program, including the state’s medical assistance programs (i.e.
HUSKY and Medicaid).
BACKGROUND ABLE Program The federal ABLE Act allows states to establish their own ABLE programs to (1) encourage individuals and families to save money to support individuals with disabilities to maintain health, independence, and quality of life and (2) provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not replace, benefits provided through private insurance, Medicaid, and other sources.
Eligible people living with a disability or blindness, or their families, may establish and contribute to accounts.
Funds in the accounts may be spent on qualified disability expenses, including education, housing, and transportation.
COMMITTEE ACTION Human Services Committee Joint Favorable Yea 22 Nay 0 (03/13/2025) sSB1476 / File No.
385 14
Show all 98 changed rows (58 more)
Action History
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HOUSE CALENDAR NUMBER 522
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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SEN. PASSED, SEN. AMEND. SCH. A
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SEN. ADOPTED SEN. AMEND. SCH. A
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FILE NO. 385
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SENATE CALENDAR NUMBER 236
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/31/25
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FILED WITH LCO
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Joint Favorable
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PUBLIC HEARING 0311
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REF. TO JOINT COMM. ON Human Services
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 0 co-sponsors · 187 not signed on
Sponsors (0)
None.
Co-sponsors (0)
None.
Not signed on (187)
187 members have not signed on to this bill.
Show all 187 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 24 | 0 | 0 | 1 |
| Republican | 11 | 0 | 0 | 0 |
| Total | 35 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Bob Duff | Democratic | Yea |
| Catherine A. Osten | Democratic | Yea |
| Ceci Maher | Democratic | Yea |
| Christine Cohen | Democratic | Yea |
| Derek Slap | Democratic | Not Voting |
| Douglas McCrory | Democratic | Yea |
| Gary A. Winfield | Democratic | Yea |
| Herron Gaston | Democratic | Yea |
| James J. Maroney | Democratic | Yea |
| Jan Hochadel | Democratic | Yea |
| Joan V. Hartley | Democratic | Yea |
| John W. Fonfara | Democratic | Yea |
| Jorge Cabrera | Democratic | Yea |
| Julie Kushner | Democratic | Yea |
| MD Rahman | Democratic | Yea |
| Mae Flexer | Democratic | Yea |
| Martha Marx | Democratic | Yea |
| Martin M. Looney | Democratic | Yea |
| Matthew L. Lesser | Democratic | Yea |
| Norman Needleman | Democratic | Yea |
| Patricia Billie Miller | Democratic | Yea |
| Paul Honig | Democratic | Yea |
| Rick Lopes | Democratic | Yea |
| Saud Anwar | Democratic | Yea |
| Sujata Gadkar-Wilcox | Democratic | Yea |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| Jason Perillo | Republican | Yea |
| Jeff Gordon | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Paul Cicarella | Republican | Yea |
| Rob Sampson | Republican | Yea |
| Ryan Fazio | Republican | Yea |
| Stephen G. Harding | Republican | Yea |
| Tony Hwang | Republican | Yea |
Subjects
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