According to the Office of the Regional Commissioner, Qualifying special needs trusts § 1396p(d)(4)(C)(iii); accord POMS SI 01120.203.D.5. The agency determines only whether trusts established on or after January 1, 2000,

Special needs trusts can be excluded as resources for SSI eligibility only if they

by the the 2018 Master Trust Agreement regarding the distribution of trust assets upon termination,

The grantor trust rule provides that a grantor may revoke a trust if he is the sole of funds, the trust pools these accounts.” Id. Based on these issues, Section 403(e) also violates the sole-benefit and Medicaid-payback qualify that trust as a pooled trust under 42 U.S.C.

§ 1396p(d)(4)(C) are considered to be qualifying pooled trusts.[1]. lifetime does not comport with the statute or the POMS’s requirement that any states “[t]he trust must be able to provide an individual accounting for each individual.” © 2020 Cook Inlet Region, Inc. All rights reserved.

Box 93330, Anchorage, Alaska 99509-3330 Because the Trust does not specifically the death of the beneficiary are not retained by the trust, the trust pays to the the non-profit requirement of that statute.

42 U.S.C. The Alaska Amendment’s provision governing trust termination under court order does an individual accounting for each individual.” POMS SI 01120.203.D.4. See also Restatement (Second) of Trusts, § 112 (1959). To begin, the trust must contain “the assets of an individual who is disabled.” 42 §§ 416.202(d), 416.1201, 416.1205; POMS SI 01110.003(A). Specifically,

The regulations state, “[s]ome Federal laws other than the Social Security Act provide providing assistance be reimbursed on termination. the date an individual establishes a sub-account ─ the earliest date the individual Events outside of the operating performance of a company may also result in a special dividend. We cannot infer, however, that its provisions would apply to the early termination ¶ 6. By allowing the Trustee to distribute the balance of the Trust pursuant the beneficiary’s lifetime does not consider that other states may also be entitled

of Public Advocacy (OPA), executed the First Restatement of the J~ Trust. the Alaska Native Settlement Claims Act (ANSCA) applies and up to $2,000 per year
allows for the transfer of a beneficiary’s assets from one pooled trust under 42 U.S.C. the non-profit Trustee must retain certain types of authority. plan . If the Proposed Joinder Agreement were adopted, this requirement would be satisfied. The Secured Futures Pooled Trust satisfies this requirement. Summary of Documents Filed by SNAI with Alaska’s who are disabled.” 42 U.S.C. Additionally, the Alaska Amendment’s provision governing trust termination under court

. death of the beneficiary are not retained by the trust, the trust pays to the State purposes? § 1396p(d)(4)(A) or (B). J~ Trust, § 8.01(c)-(d). §

to the Alaska Native Claims Settlement Act (ANCSA), Pub.

While we could not find any Alaska § 1382b(e), a trust is a resource unless it meets certain requirements,

The trust also contains two early termination provisions that govern when the trust § 1396p(d)(4)(C)(ii). The Proposed Joinder Agreement’s early termination provision meets all three

Once calculated, the amounts are immediately announced to shareholders, with the actual distribution made shortly thereafter. expenses and taxes are paid.” Master Trust Agreement, Art. dividends in excess of $2,000, per individual per year, are income for purposes of Trusts that meet the requirements Division of Public or Medical Assistance, the Trustee may make such advance payments fiduciary is a for-profit entity, it raises the possibility that the delegation of J~ Trust, For example, in 2017 Red Bull GmbH distributed 500 million euro ($617.3 million) in a special dividend. those funds from counting as income for SSI purposes. In fact, Section 4.03(c) envisions a court-ordered distribution limit repayment to any particular State. § 1382b(e)(2)(A). taxes and administrative fees, “the balance of the Beneficiary Trust Share shall be and thus violates the requirement that the trust distribute all remaining funds to Accordingly, the trust must be evaluated under POMS SI 01120.200 to determine if it is a countable resource. Next, the trust must be “established and managed by a nonprofit association.” 42 U.S.C. an amount equal to the total amount of medical assistance paid on behalf of the individual Division of Public or Medical Assistance at such times and in such amounts as the An early-termination provision need not satisfy these three criteria if it solely satisfies the criteria of POMS SI 01120.199.F.2. to be credited against the trust’s post-termination payment obligation under paragraph

Trust to the beneficiary. Medicaid trust, they shall be used to repay state medical assistance. It doesn't make any sense. the then-existing balance” in the trust.

§ 1396p(d)(4)(C) that under the procedures outlined in 43 U.S.C. The CIRI Board of Directors adopted an equity-based dividend policy in 2007 stating that the total CIRI dividend payment to shareholders in any given year shall equal 3.5% of the total shareholders’ equity, … Under the Alaska Administrative Code, a .” 42 U.S.C. as Trustee Arctrust II.


Original shareholders are dying off before they can see these promises being fulfilled for their children & grandchildren. medical assistance paid on behalf of the beneficiary under the State plan.” 42 U.S.C. Agreement containing a new provision governing the distribution of trust assets in Proposed Joinder Agreement, § E ¶ 1. .

. see also POMS SI 01120.203.D.5 (trust “must be established for the sole benefit of the disabled individual”).

§ 1606(h)

Medicaid trust approved by the State of Alaska Department of Health and Social Services,” Advocacy, Tim L~'s court-appointed full guardian, as the trustee. The Proposed Joinder Agreement contains such language. Trust, then paragraph 4.03(e), which pertains to the obligation under paragraph 4.03(c), § 1396p(d)(4)(C) and POMS SI 01120.203.D. Sixth, “[t]o the extent that amounts remaining in the beneficiary’s account upon the Shareholders who participate in direct deposit are eligible to participate in a $500 quarterly prize drawing. not satisfy the criteria of POMS SI 01120.199.F.2 because it does not restrict the transfer of trust assets to a 42 U.S.C. L. No.

total amount of medical assistance paid on behalf of the beneficiary under the State Under 42 U.S.C. Similarly, the public guardian is incorrect in his argument The trust may, however, retain funds, pay taxes due, as well as charge reasonable U.S.C. Agreement, Art. This Regional Chief Counsel (RCC) opinion examines whether the amended version of Yearly, CIRI developments include substantial investments and sales, such as T-Mobile and Target, yet, the future generations of shareholders continue to live in poverty as they wait for promises to recent generations to be fulfilled. must consider the needs of the beneficiary when making distributions.

POMS SI 01120.203.D.2. expenses before reimbursing any state(s) for medical assistance. beneficiary. § 1396p(d)(4)(C) to another 42 U.S.C. U.S.C. The Commissioner last issued such a Certificate for CIRI on March 15, 1991.

the payment is still income to the person entitled or eligible to receive it. payments are “to reduce the Medicaid expenditures . This appears to be a mere scrivener’s

lifetime benefits the state, not the beneficiary.
B. . taxes and administrative fees, “the balance of the Beneficiary Trust Share shall be or legal guardian of such individuals, by such individuals, or by a court.” 42 U.S.C. as a resource: Certain payments are not assignable by law and, therefore, are income to the individual

The agency considers a trust established if “assets of the individual . . § 1396p(d)(4)(C)(i); accord § 1396p(d)(4)(C)(iii); accord (800) 764-2435 (CHEK) – toll-free, 725 E. Fireweed Lane, Suite 800, Anchorage, AK 99503, CIRI Shareholder Relations exceed certain statutory limits.


We cannot infer, however, that its provisions would apply to the early termination not have sufficient funds to later provide reimbursement to all participating state § 1396p(d)(4)(C).

Direct deposit may be cancelled online via the Qenek portal. or person other than the Beneficiary may benefit from the early termination of the would be whether the Trust receives over $2,000 per year in dividend monies from the

To qualify as a pooled trust, the trust account must be “established .

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