SENATE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DELOZIER, GABLER, DeLUCA, GIBBONS, GINGRICH, GODSHALL, HESS, KILLION, QUIGLEY, GROVE, HARPER, MILNE, RAPP, GEIST, MURT AND DENLINGER, MARCH 27, 2012

SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED, OCTOBER 2, 2012   

AN ACT

Amending Title 20 (Decedents, Estates and Fiduciaries) of the

Pennsylvania Consolidated Statutes, in Pennsylvania Uniform

Transfers to Minors Act, further providing for court

authorization of a transfer and, in trusts, further providing

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for pooled trusts for persons with disabilities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5306(c)(3) of Title 20 of the

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Pennsylvania Consolidated Statutes is amended to read:

Section 1.  Sections 5306(c)(3) and 7799.3 heading and

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subsections (f) and (h) of Title 20 of the Pennsylvania

Consolidated Statutes are amended to read:

§ 5306.  Other transfer by fiduciary.

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(c)  Additional requirements for transfer.--A transfer under

subsection (a) or (b) may be made only if:

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(3)  the transfer is authorized by the court if it

exceeds [$25,000] $50,000 in value.

§ 7799.3.  Pooled trusts for [persons] individuals with

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disabilities.

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(f)  Notice.--The Office of Attorney General and the

Department of Public Welfare shall make available information on

the treatment of pooled trusts for the [persons] individuals 

with disabilities in the medical assistance program.

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(h)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Beneficiary."  An individual with a disability who has the

right to receive services and benefits of a pooled trust.

"Board."  A group of persons vested with the management of

the business affairs of a trustee.

"Disability."  A physical or mental impairment as defined in

section 1614 of the Social Security Act (49 Stat. 620, 42 U.S.C.

§ 1382c).

"Pooled trust."  A trust which meets all of the following:

(1)  The trust contains assets of more than one

beneficiary.

(2)  Each beneficiary [has] is an individual with a

disability.

(3)  The trust is managed by a nonprofit corporation.

(4)  A separate account is maintained for each

beneficiary of the trust, but, for purposes of investment and

management of funds, the trust pools these accounts. Accounts

in the trust may be established by the parent, grandparent or

legal guardian of the individual with a disability, by the

individual with a disability or by a court.

(5)  Upon the death of a beneficiary or upon the earlier

termination of the trust, amounts remaining in the

beneficiary's account must be distributed in accordance with

one of the following:

(i)  The trust may retain up to 50% of the remaining

balance for the benefit of other beneficiaries or other

individuals with disabilities. The remaining 50% of the

balance must be reimbursed to the Commonwealth and any

other state that provided medical assistance up to an

amount equal to the total amount of medical assistance

paid on behalf of the beneficiary.

(ii)  The amounts must be used to reimburse the

Commonwealth and any other state that provided medical

assistance up to an amount equal to the total amount of

medical assistance paid on behalf of the beneficiary.

"Trustee."  A nonprofit organization that manages a pooled

trust.

Section 2.  The amendment of 20 Pa.C.S. § 5306(c)(3) shall

apply to transfers initiated on or after the effective date of

this act section.

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Section 3.  This act shall take effect in 60 days.