Who qualifies as a trust recipient?
To be eligible for such protection, the beneficiary must be considered disabled within the Social Security Act’s definition of disability (42 United States Code Section 1382c(a)(3)). Each participant is unique. Examples: Down-Syndrome, CP, MR, Autism, Head trauma or Bipolar, Schizophrenia.
How it Works:
Individuals with disabilities and their families can deposit assets safely into the Trust to pay for the individuals’ supplemental needs.
In the case of the OCPAT, the assets are exchanged for a charitable gift annuity for the benefit of the disabled individual.
The Annuity Rates designated to the OCPAT are suggested by the Charitable Gift Annuity Rates assigned by the American Council on Gift Annuities. OCPAT trust recipients receive fixed, monthly annuity payments, based upon these suggested rates, paid into a Spending Account, held within the trust for distribution for supplemental need items. Distributions are available on a quarterly basis.
In the case of the 2014 Flexible-Spending Pooled Trust (which replaced the original Flexible-Spending Trust), assets are placed into a Pooled Trust for distribution, on an as needed basis, to acquire Supplemental Needs.
Assets of trust participants, for both of our trusts, are pooled for investment purposes, however, a separate account is maintain for each beneficiary
Is there a minimum to place within a Trust?
Minimum recommended contribution of $5,000 for the OCPAT.
No Minimum contribution for the Flexible-Spending Trust.
Individuals in the OCPAT (Annuity) will:
Have a Spending Account established within The Ohio Community Pooled Annuity Trust
A fixed amount will be available quarterly, from their individual spending account, to support lifetime supplemental needs or the fixed amount can be accumulated for a future activity
How do I know payments will continue once the asset is transferred to the Trust?
Each account agreement is a general obligation of The Dayton Foundation backed by the full assets of both The Dayton Foundation and The Disability Foundation.
What are the costs?
There are no set up fees associated with the Pooled Annuity Trust (OCPAT). A quarterly administrative fee, of 1.25%, is taken from the Pool of Accounts; however, this quarterly fee does not affect the monthly annuity payment as it is a fixed payment. There is a $5,000 recommended minimum investment for the initiation of an annuity through The Disability Foundation.
In regards to the Flexible-Spending Trust, there is an affordable one-time set up fee and an annual administrative fee charged to the individual trust. No minimum has been set for the establishment of a Flex.-Spending Trust.
Can the quarterly fixed amount be used for purposes other than supplemental needs?
No. By law, the amounts may only be used for items other than basic food and shelter as defined by Ohio Admin. Code §5123:2-18-01, i.e. funds may not be utilized to pay rent/mortgage, purchase groceries for the home, pay for a land phone-line or pay for medical costs covered by Medicaid.
While the Trust cannot provide for an individual’s basic necessities, such as food or shelter, it can provide for the “extras” in life that make life worth living, including travel, hobbies or recreation.
Under Ohio law, supplemental needs can include:
Items that Medicaid and other governmental programs do not cover or been denied payment (State budget: eliminate dental and vision services) and
Other expenditures used to provide dignity, purpose, optimism and joy to the beneficiary
What happens to the individuals account upon death?
For the OCPAT (Annuity), any accumulated funds remaining in the individual’s spending account after he or she dies must be paid to the State of Ohio. Any principle remainder ‘in trust’ remains in the trust and help support programs and services for other individuals with disabilities.
For the Flexible-Spending Trust, 25% of the trust remainder remains in the trust to help support programs and services for other individuals with disabilities.
For the remaining 75%, the donor has two (2) options:
Option #1: All funds may be designated to remain within the Trust to help support programs and services for other individuals with disabilities.
Option #2: All remainder funds, first, must be utilized to re-pay Medicaid, as reimbursement for benefits provided to the Individual with Disabilities. If funds remain after Medicaid is reimbursed in full, such funds may be designated to Beneficiaries.
Tax Consequences:
Donations qualify as:
For the OCPAT, a charitable gift to The Dayton Foundation: if funds are contributed by a parent or grandparent. The amount of the charitable deduction varies, depending upon the age of the individual and the amount transferred to set up an account.
Also, each payment includes a portion which is treated as “taxable income” to the fund recipient for income tax purposes. There is no charitable gift component to the Flexible-Spending Trust
How the assets will be stewarded now and into the future?
At the Disability Foundation, we meet our stewardship obligations with layers of checks and balances in place:
Accounting: A spending account spreadsheet is maintained for every individual trust recipient. It shows all debits and credits, to each account, that occur through our office. In addition, we receive a monthly statement from KeyBank to show all investment activity, i.e. assessed fees, interest and distributions made from each individual account. Quarterly account statements, for each individual, are mailed to that trust recipient’s personal representative to show all quarterly activity in the account (from KeyBank).
Investment of Pooled Funds: KeyBank is the investment manager for the pool of trust funds. KeyBank must adhere to, and sign off to, the Investment Policy of The Dayton Foundation. In addition, the performance, of our investment managers, is reviewed quarterly by an independent auditor, the Fund Evaluation Group, out of Cincinnati.
Fiduciary Trustee: KeyBank is the Trustee for all the accounts. KeyBank is responsible for filing the K-1’s for each individual account and filing a tax return, on the pool as a whole, each year.
Auditing/Tax filing – as a type 1 supporting organization of The Dayton Foundation, The Disability Foundation is audited each year, by a local accounting firm, as one of the 3,000 plus funds managed by the foundation. In addition to the audit, as a 501c3, we are required to file a 990 on both The Disability Foundation and the Ohio Community Pooled Annuity Trust. The Trustee, KeyBank is responsible for all tax filings on the pool of funds for the Flexible-Spending Trust and The Disability Foundation for filing the Annuity and organization 990’s.
Longevity – the Disability Foundation is under the auspices of The Dayton Foundation, which was established in 1921. We have been around for 90+ years and we will be here for many decades to come.
How will the trust administrator ensure the trust requests are eligible for distribution?
Disability Foundation, Inc. as Distribution Trustee: The Disability Foundation is charged with ensuring that all distribution requests are reviewed and approved/denied based upon Ohio Admin. Code §5123:2-18- 01 , which restricts the use of trust distributions to ‘Supplemental Needs’.
All distribution requests are reviewed by the Executive Director and given final approval by the Disability Foundation Board of Trustees. Distribution requests must meet the definition of a Supplemental Need item or service, such as those defined by Ohio Admin. Code §5123:2-18- 01.
Proper record keeping of Supplemental Need purchases. Any funds released, from the trust, must have accounting provided for the services/good purchased.
How will you ensure the continuation of public benefits?
Communications – with Social Security and Job and Family Services. It is the responsibility of The Disability Foundation to communicate details, with authorization of the trust recipient, or his/her legal guardian, any financial information applicable to the continued eligibility for Medicaid and/or SSI benefits.
Annual Review – Disability Foundation provides a Trust Explanation packet for all annual reviews, where requested, to Social Security and DJFS.
What services do you provide?
Information sessions – individual or group
Trust preparation
Accounting
Communications with Public Benefit Agencies
Legal
Clerical – ensure timely reporting of balances, requests, communications, etc.
How are you different from other Pooled Trust Administrators:
We are the only pooled trust sponsored by a community foundation
We are the only organization to offer a Pooled Charitable Gift Annuity option.
We are among the least expensive, and most cost effective, administrator in Ohio.
We are a type 1 Supporting Organization of a Community Foundation, which means our greater goal is to enrich and enhance our region and state.
We work with clients of any age
We can setup your trust in just a few business days
Administering Pooled Trusts is not one of a myriad of services offered here at the Disability Foundation. Pooled Trusts is what we do.
