AB 688: Enforcement of money judgments: exemptions.

Under existing law, certain property is exempted from enforcement of money judgments, including benefits from a disability or health insurance policy or program.

Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds in a tax-advantaged savings account for the purpose of supporting persons with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act. Under the Qualified ABLE Program, moneys in, contributions to, and any distribution for qualified disability expenses from, an ABLE account, up to $100,000, do not count toward determining eligibility for a state or local means-tested program.

This bill would, commencing September 1, 2018, also exempt those moneys in an ABLE account from enforcement of a money judgment without making a claim, except as specified.

This bill would incorporate additional changes to Section 4880 of the Welfare and Institutions Code proposed by AB 384 to be operative only if this bill and AB 384 are enacted and this bill is enacted last.