HB 2837

Abstract

Amends the State Treasurer Act. Modifies and reorganizes provisions concerning the ABLE account program. Provides that a designated representative under the program includes, among other persons, the account owner's guardian of the person or any other State-appointed guardian. Provides that the State Treasurer may enter into agreements with other states to either allow Illinois residents to participate in a plan operated by another state or to allow residents of other states to participate in the Illinois ABLE plan. Modifies terms under the Act. Amends the Probate Act of 1975. Modifies provisions concerning duties of a guardian of a minor, duties of a personal guardian, and duties of an estate guardian to allow a specified guardian to, without an order of court, open, maintain, and transfer funds to an ABLE account on behalf of the ward and the ward's dependent children as specified under the ABLE account program. Makes conforming and other changes. Effective immediately. Senate Committee Amendment No. 1 Deletes reference to: 15 ILCS 505/16.6 755 ILCS 5/11-13 755 ILCS 5/11a-17 755 ILCS 5/11a-18 Adds reference to: 15 ILCS 505/16.5 Replaces everything after the enacting clause. Amends the State Treasurer Act. Provides that the contributions deposited in the College Savings Pool, and any earnings thereon, shall not constitute property of the State or be commingled with State funds and the State shall have no claim to or against, or interest in, such funds; provides that the State Treasurer may collect fees in accordance with the Act. Provides that the State Treasurer shall provide a separate accounting for each designated beneficiary of a College Savings Pool account. Provides that the separate accounting shall be provided to the account owner of the account for the designated beneficiary at least annually and shall show the account balance, the investment in the account, the investment earnings, and the distributions from the account. Provides that the State Treasurer shall establish fees to be imposed on accounts to cover (currently, recover) the costs of administration, recordkeeping, and investment management. Provides that administrative fees, costs, and expenses, including investment fees and expenses, shall be paid from the assets of the College Savings Pool. Removes a provision specifying that, to the extent a nonqualified withdrawal is made from an account, the earnings portion of such distribution may be treated by the Internal Revenue Service as income subject to income tax and a 10% federal penalty tax. Specifies that the Illinois Student Assistance Commission shall provide the Treasurer with an electronic report listing those College Savings Pool account owners who also participate in the Illinois Prepaid Tuition Program (rather than the State's prepaid tuition program). Removes a provision specifying that the Illinois Student Assistance Commission shall be responsible for filing any combined tax reports regarding State qualified savings programs required by the United States Internal Revenue Service. Removes provisions concerning rules for the administration expenses of the College Savings Pool and amendments to rules and regulations. Provides that specified changes made by this amendatory Act are intended to be a restatement and clarification of existing law. Modifies defined terms and references. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Restores a provision defining "nonqualified withdrawal".