Connecticut 2021 Regular Session Status: In Committee 1 R cosponsors

SB 917 — AN ACT EXEMPTING VETERANS' FEDERAL PENSION BENEFITS FROM INCOME ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.

Last action — REF. BY SEN. TO COMM. ON Appropriations

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

305 added · 197 removed

305 line(s) added, 197 removed.

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General Assembly Raised Bill No.
Senate General Assembly File No.
917 January Session, 2021 LCO No.
250 January Session, 2021 Substitute Senate Bill No.
3370 Referred to Committee on VETERANS' AFFAIRS Introduced by:
917 Senate, April 1, 2021 The Committee on Veterans' Affairs reported through SEN.
(VA) AN ACT EXEMPTING VETERANS' FEDERAL PENSION BENEFITS FROM INCOME ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.
CABRERA of the 17th Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.
AN ACT EXEMPTING VETERANS' FEDERAL PENSION BENEFITS FROM INCOME ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.
(a) To the extent permissible by federal law, the Commissioner of Social Services shall disregard any federal [Aid and Attendance] pension benefits granted to a veteran or the surviving spouse of such veteran when determining income eligibility for the state's Medicare savings, medical assistance and energy assistance programs administered under section 17b-2.
(a) To the extent permissible by federal law, the Commissioner of Social Services shall disregard any federal [Aid and Attendance] pension benefits administered by the United States Department of Veterans Affairs and granted to a veteran or the surviving spouse of such veteran when determining income eligibility for the state's Medicare savings, medical assistance and energy assistance programs administered under section 17b-2.
As used in this subsection, "veteran" means any person (1) honorably discharged from, or released under honorable conditionsfromactive service in,thearmedforces,asdefined in section 27-103, or (2) with a qualifying condition, as defined in said section, who has received a discharge other than bad conduct or dishonorable from active service in the armed forces.
As used in this subsection, "veteran" means any person (1) honorably discharged from, or released under honorable conditionsfromactive service in,thearmedforces,asdefined in section 27-103, or (2) with a qualifying condition, as defined in said section, who has received a discharge other than bad conduct or sSB917 / File No.
250 1 sSB917 File No.
250 dishonorable from active service in the armed forces.
Subsection (a) of section 17b-104 of the general statutes is LCO No.
Subsection (a) of section 17b-104 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
3370 1 of 7 Raised Bill No.917 repealed and the following is substituted in lieu thereof (Effective July 1, 2021):
In determining eligibility, the commissioner shall disregard from income [Aid and Attendance] any federal pension benefits granted to a veteran, as defined under section 27-103, or the surviving spouse of such veteran.
In determining eligibility, the commissioner shall disregard from income [Aid and Attendance] any federal pension benefits administered by the United States Department of Veterans Affairs and granted to a veteran, as defined under section 27-103, or the surviving spouse of such veteran.
(c)To beeligiblefor cashassistance under theprogram,apersonshall (1) be (A) eighteen years of age or older;
sSB917 / File No.
(B) a minor found by a court to beemancipated pursuant to section46b-150;
250 2 sSB917 File No.
or (C)under eighteenyears LCO No.
250 (c)To beeligiblefor cashassistance under theprogram,apersonshall (1) be (A) eighteen years of age or older;
3370 2 of 7 Raised Bill No.917 of age and the commissioner determines good cause for such person's eligibility, and (2) not have assets exceeding two hundred fifty dollars or, if such person is married, such person and his or her spouse shall not have assets exceeding five hundred dollars.
(B) a minor found by a court to beemancipatedpursuant to section46b-150;
In determining eligibility, the commissioner shall not consider as income [Aid and Attendance] any federal pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
or (C)under eighteenyears of age and the commissioner determines good cause for such person's eligibility, and (2) not have assets exceeding two hundred fifty dollars or, if such person is married, such person and his or her spouse shall not have assets exceeding five hundred dollars.
In determining eligibility, the commissioner shall not consider as income [Aid and Attendance] any federal pension benefits administered by the United States Department of Veterans Affairs and granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
The commissioner shall not apply an asset test for eligibility under the Medicare Savings Program.
The commissioner shall not apply an asset test for eligibility under the Medicare Savings sSB917 / File No.
The commissioner shall not consider as income [Aid and Attendance] any federal pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
250 3 sSB917 File No.
The Commissioner of Social Services, pursuant to section 17b-10, may LCO No.
250 Program.
3370 3 of 7 Raised Bill No.917 implement policies and procedures to administer the provisions of this section while in the process of adopting such policies and procedures in regulation form, provided the commissioner prints notice of the intent to adopt the regulations on the department's Internet web site and the eRegulations System not later than twenty days after the date of implementation.
The commissioner shall not consider as income [Aid and Attendance] any federal pension benefits administered by the United States Department of Veterans Affairs and granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
The Commissioner of Social Services, pursuant to section 17b-10, may implement policies and procedures to administer the provisions of this section while in the process of adopting such policies and procedures in regulation form, provided the commissioner prints notice of the intent to adopt the regulations on the department's Internet web site and the eRegulations System not later than twenty days after the date of implementation.
A disposition of property ordered by a court shall be evaluated in accordance with the standards applied to any other such disposition for the purpose of determining eligibility.
A disposition of property ordered by a court shall be evaluated sSB917 / File No.
The commissioner shall establish the standards for eligibility for medical assistance at one hundred forty-three per cent of the benefit amount paid to a household of equal size with no income under the temporary family assistance LCO No.
250 4 sSB917 File No.
3370 4 of 7 Raised Bill No.917 program in the appropriate region of residence.
250 in accordance with the standards applied to any other such disposition for the purpose of determining eligibility.
In determining eligibility, the commissioner shall not consider as income [Aid and Attendance] any federal pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
The commissioner shall establish the standards for eligibility for medical assistance at one hundred forty-three per cent of the benefit amount paid to a household of equal size with no income under the temporary family assistance program in the appropriate region of residence.
In determining eligibility, the commissioner shall not consider as income [Aid and Attendance] any federal pension benefits administered by the United States Department of Veterans Affairs and granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
For coverage dates on or after January 1, 2014, the department shall use the modified adjusted gross income financial eligibility rules set forth in Section 1902(e)(14) of the Social Security Act and the implementing regulations to determine eligibility for HUSKY A, HUSKY B and HUSKY D applicants, as defined in section 17b-290.
For coverage dates on or after January 1, 2014, the department shall use the sSB917 / File No.
Persons who are determined ineligible for assistance pursuant to this section shall be providedawrittenstatementnotifyingsuchpersonsoftheirineligibility LCO No.
250 5 sSB917 File No.
3370 5 of 7 Raised Bill No.
250 modified adjusted gross income financial eligibility rules set forth in Section 1902(e)(14) of the Social Security Act and the implementing regulations to determine eligibility for HUSKY A, HUSKY B and HUSKY D applicants, as defined in section 17b-290.
917 and advising such persons of their potential eligibility for one of the other insurance affordability programs as defined in 42 CFR 435.4.
Persons who are determined ineligible for assistance pursuant to this section shall be providedawrittenstatementnotifyingsuchpersonsoftheirineligibility and advising such persons of their potential eligibility for one of the other insurance affordability programs as defined in 42 CFR 435.4.
(l) In determining eligibility for the programdescribed in this section, the commissioner shall not consider as income [Aid and Attendance] any federal pension benefits granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
(l) In determining eligibility for the programdescribed in this section, the commissioner shall not consider as income [Aid and Attendance] any federal pension benefits administered by the United States Department of Veterans Affairs and granted to a veteran, as defined in section 27-103, or the surviving spouse of such veteran.
In determining eligibility, the commissioner shall not consider as income [Aid and Attendance] any federal pension benefits granted to a veteran,asdefined under section27-103,orthesurviving spouse ofsuch veteran.
In determining eligibility, the commissioner shall not consider as income [Aid andAttendance]any federal pensionbenefitsadministered by the United States Department of Veterans Affairs and granted to a veteran,asdefined under section27-103,orthesurviving spouse ofsuch veteran.
The commissioner may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection.
The commissioner may adopt regulations, in accordance with sSB917 / File No.
250 6 sSB917 File No.
250 the provisions of chapter 54, to implement the provisions of this subsection.
3 July 1, 2021 17b-191(c) LCO No.
3 July 1, 2021 17b-191(c) Sec.
3370 6 of 7 Raised Bill No.
917 Sec.
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7 July 1, 2021 17b-801(a) Statement of Purpose:
7 July 1, 2021 17b-801(a) VA Joint Favorable Subst.
To exclude all veterans' federal pension benefits from income when determining eligibility for public assistance programs.
sSB917 / File No.
[Proposed deletions are enclosed in brackets.
250 7 sSB917 File No.
Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] LCO No.
250 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.
3370 7 of 7
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:
Agency Affected Fund-Effect FY 22 $ FY 23 $ Social Services, Dept.
GF - Cost Indeterminate Indeterminate Note:
GF=General Fund Municipal Impact:
None Explanation The bill will result in a cost to the Departmentof Social Services (DSS) associated with disregarding any federal non-service-connected pension benefits for veterans or their surviving spouses for purposes of determining income eligibility.
By reducing the income that is currently counted towards income limits, the bill increases the number of individuals who could be eligible under the following DSS programs:
Medicaid, the Medicare Savings Program, State Administered General Assistance, Connecticut Home Care Program for Elders, State Supplement (Aid to the Aged, Blind and Disabled), and energy assistance.
For context, there were 167,000 veterans in Connecticut on 9/30/20.
The number of veterans participating in the assistance programs specified by the bill is unknown.
The impact of the bill is dependent on:
(1) the number of veterans participating in each DSS program, (2) the benefit amount being disregarded, and (3) the income limits of the program.
The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of applicable veterans in sSB917 / File No.
250 8 sSB917 File No.
250 DSS programs and the amount of benefits being disregarded.
sSB917 / File No.
250 9 sSB917 File No.
250 OLR Bill Analysis sSB 917 AN ACT EXEMPTING VETERANS' FEDERAL PENSION BENEFITS FROM INCOME ELIGIBILITY FOR PUBLIC ASSISTANCE PROGRAMS.
SUMMARY Under current law, the Department of Social Services (DSS) must disregard a veteran’s or surviving spouse’s federal aid and attendance pension benefits when calculating income for certain (1) means-tested state assistance programs and (2) federally-funded assistance programs, to the extent allowed by federal law.
This bill expands the income disregard to include any U.S.
Department of Veterans Affairs (VA)- administered federal pension benefits (see BACKGROUND).
Under the bill, the income disregards apply to the following programs:
1.
Medicaid (§§ 1 & 5), 2.
Medicare Savings Program (§§ 1 & 4), 3.
Connecticut Energy Assistance Program (§ 1), 4.
State Administered General Assistance (§ 3), 5.
State Supplement Program (§ 2), 6.
Connecticut Home Care Program for Elders (§ 6), and 7.
State Appropriated Fuel Assistance Program (which is currently inactive)(§ 7).
As under existing law, DSS may apply to the federal Centers for Medicare and Medicaid Services to amend the state Medicaid plan or seek a waiver from federal law, if necessary, to exempt these veterans’ benefits (CGS § 17b-28i).
sSB917 / File No.
250 10 sSB917 File No.
250 EFFECTIVE DATE:
July 1, 2021 BACKGROUND Aid and Attendance The VA’s aid and attendance benefit is a monthly payment added to a VA pension for qualified veterans and survivors who need assistance performing daily activities, are bedridden, have limited eyesight, or are in a nursing home due to mental or physical incapacity.
U.S.
VA-Administered Pension Benefits The VA-administered veterans pension program provides monthly payments to wartime veterans who meet certain age or disability requirements and who have incomes and assets below specified limits.
Eligible surviving spouses or children of a deceased veteran with wartime service may also qualify for a VA survivor’s pension.
The VA also provides additional pension benefits for aid and attendance (as described above) and housebound allowances.
The housebound allowance is an extra benefit for those who receive a VA pension and spend most of their time at home because of a permanent disability.
Related Bills sHB 6482, favorably reported by the Veterans’ Affairs Committee, expands the income disregard for veterans and their surviving spouses under the same DSS assistance programs to include any VA- administered federal benefit, rather than just aid and attendance benefits.
HB 5592, favorably reported by the Veterans’ Affairs Committee, expands the general definition of “veteran” under state law to include those released with an other than honorable discharge based on specified qualifying conditions (e.g., military sexual trauma experience, a qualifying mental health condition, sexual orientation, or gender identity or expression).
In doing so, it expands eligibility for any statutory programs or benefits that reference this definition, including sSB917 / File No.
250 11 sSB917 File No.
250 the DSS income disregards for veterans and their surviving spouses.
COMMITTEE ACTION Veterans’ Affairs Committee Joint Favorable Substitute Yea 14 Nay 3 (03/18/2021) sSB917 / File No.
250 12
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How this bill changes current law

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The bill exempts veterans' federal pension benefits from income eligibility calculations for various public assistance programs in Connecticut.

  • Section 17b-28i

    [Aid and Attendance] → [Aid and Attendance]

    Federal pension benefits for veterans and their surviving spouses are disregarded in income eligibility determinations for certain assistance programs.

  • Section 17b-104

    [Aid and Attendance] → [Aid and Attendance]

    Federal pension benefits for veterans and their surviving spouses are disregarded in the determination of need for various assistance programs.

  • Section 17b-191

    [Aid and Attendance] → [Aid and Attendance]

    The determination of cash assistance eligibility will not consider federal pension benefits granted to veterans and their surviving spouses as income.

  • Section 17b-256f

    [Aid and Attendance] → [Aid and Attendance]

    Income eligibility for multiple Medicare programs will disregard federal pension benefits for veterans and their surviving spouses.

  • Section 17b-261

    [Aid and Attendance] → [Aid and Attendance]

    Eligibility for medical assistance will not include federal pension benefits for veterans and their surviving spouses in income calculations.

  • Section 17b-342

    [Aid and Attendance] → [Aid and Attendance]

    In determining eligibility for specific programs, federal pension benefits for veterans and their surviving spouses are not considered as income.

Action History

  1. REF. BY SEN. TO COMM. ON Appropriations

  2. FILE NO. 250

  3. SENATE CALENDAR NUMBER 179

  4. FAV. RPT., TAB. FOR CAL., SEN.

  5. RPTD. OUT OF LCO

  6. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/31/21

  7. FILED WITH LCO

  8. Joint Favorable Substitute

  9. PUBLIC HEARING 0223

  10. REF. TO JOINT COMM. ON Veterans' Affairs

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 185 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (185)

185 members have not signed on to this bill.

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"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.

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Frequently asked questions

Who sponsors SB 917?
SB 917 is sponsored by Formica, Paul M. and Mitch Bolinsky (Republican).
What is the current status of SB 917?
This bill died with 2021 Regular Session. It reached “In Committee” 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.
Where can I track SB 917?
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