NOTICE TO ALL POOLED TRUST PARTICIPANTS:
Pursuant to sections 4.3 and 4.4 of the Master Trust Agreement dated July 20, 1999, The Arc Oregon has appointed Key Bank National Association as the new Trustee of the Oregon Special Needs Trust. The Master Trust Agreement has been amended and dated November 25, 2015. The Joinder Agreement has been amended to reflect the new Trustee and Master Trust Agreement. All changes to the Joinder Agreement apply to all current pooled trust participants and all previously executed Joinder Agreements are immediately deemed to be amended accordingly. You are encouraged to review the new Joinder Agreement documents posted on the Forms and Documents page of The Arc Oregon website. Upon your annual review date, you will receive an Updated Joinder Agreement and will be required to sign and return the document when requested. Please do not hesitate to contact our office if you have any questions!
Our goal is to make it as easy as possible to access your trust account once it is funded. From “Trust Client Services” above you can make a disbursement request, update benefits or contact information online, or you can download any necessary forms from the Forms & Documents page. Below you will find some answers to Frequently Asked Questions and, of course, you can always call or email us with any questions.
We are committed to doing everything in our power to use the beneficiary’s account to provide him or her the best possible quality of life without jeopardizing valuable public benefits. We say yes to disbursement requests whenever possible, so long as the disbursement will not jeopardize public benefits, is for the sole benefit of the beneficiary and is otherwise in the beneficiary’s best interest. Once a sub-account is funded, to request and receive disbursements from the trust, follow the steps below.
You Complete Request Form
- To begin the process, complete a disbursement request form online, or download and complete the form.
- Review the Disbursement Instructions page for more information
- Contact the OSNT staff to discuss your request before committing to any major purchase or payment
- Fill out the form completely – incomplete information will delay the process
- Attach or send supporting documentation such as purchase order, invoice or billing statement
Program Director Reviews Request
- Upon receipt, the Trust Assistant will confirm that all necessary information and documentation has been received
- Disbursement requests are reviewed by the Trust Director every Tuesday
- Trust Director reviews the request to determine if the request can be approved based on multiple factors as outlined on the Disbursement Instructions page
- Trust Director approves or denies the request
- If a request is denied, a letter is sent to the requester explaining why
OSNT Issues Check
- Beginning January 2016, checks will be issued and mailed from Key Bank in Cleveland, Ohio
- Checks for approved requests are issued and mailed on Wednesday
- In some circumstances, the check may be mailed to The Arc Oregon office from Key Bank. We will then forward the check to the appropriate party. This may add 1-2 days to the turnaround time
- Contact our office if you have not received the check within 2 weeks of submitting your request
You Complete Purchase & Submit Receipts
- If payment was issued in advance of a purchase, an ITEMIZED receipt must be returned to The Arc Oregon within 2 weeks
- No additional disbursements will be made until receipts are received
We encourage you to review the Getting Started Guide that has a wealth of information about the program to make sure that this is the right option for you and your family. When you are ready to establish a trust sub-account, you may download the necessary forms. Start with the Application Checklist to make sure that you are gathering all of the necessary documentation before sending in your packet or contacting our office for an appointment. For more detailed information, please visit the How To Enroll page.
To deposit funds into your account send a check, payable to “Oregon Special Needs Trust FBO (Beneficiary’s Name)”, to
The Arc Oregon / OSNT
2405 Front Street NE #120
Salem OR 97301
As illustrated on the How It Works page, we have a simple process in which a beneficiary or authorized person submits a written disbursement request along with supporting documentation. The OSNT Program Director then reviews the request. Once it is approved, a check is written and mailed either to the beneficiary, the authorized person, or directly to the vendor.
The list of goods and services that can be purchased with a special needs trust is quite extensive. It would be impossible to list them all here. Below are items that are commonly requested and covered. Please keep in mind that this list is only a guide and should not be viewed as an entitlement to these items.
Electronics (television, stereo, etc)
Personal Care Items
Prepaid Funeral Expenses
Athletic or Recreation Fees
Cell Phone Services
Eye and Dental Care
Hair and Nail Care
Insurance – Auto/Renters
Pet Care/Veterinarian Bills
Professional Fees – Attorney, Accountant
Tickets to Movies, Concerts, Events, etc.
Vehicle Modifications for Accessibility
Anything that eligible governmental benefits may cover, including food, shelter and medical services, may not be paid for with trust fund dollars. Additionally, The Arc Oregon’s policy prevents use of trust fund accounts for the purchase of alcohol, tobacco or firearms. Cash disbursements or reimbursements to the subaccount holder are not allowed, nor are purchases of gifts for other people. All disbursements must be determined to be for the sole benefit of the beneficiary.
SSI defines “shelter” expenses as the following:
- Property insurance, if required by a bank or other mortgage holder
- Gas bills
- Electric bills
- Heating fuel
- Garbage collection services
- Property taxes
Trust beneficiaries may NOT get reimbursed from the trust for purchases already made. Any payments made from the trust account to the beneficiary are considered income for purposes of determining eligibility for means-tested benefits. OSNT policies prevent any payments that would adversely affect public benefits, so reimbursements to beneficiaries are not allowed.
Maybe. Reimbursements are approved on a case by case basis and must be pre-approved by the Program Director. No person should ever make a purchase for the beneficiary and expect to get reimbursed without discussing it with the Program Director BEFORE the purchase is made. Reimbursements will not be made for any purchases made prior to the trust account being established, or for any purchases made more than 90 days prior to the reimbursement request date.
The rules and regulations that allow trust funds to be exempt as an asset for means-tested benefits specifically require that the trust is irrevocable, and that the funds are not controlled by the beneficiary. After establishing a pooled trust sub-account, control of the money, including full discretion over how it is spent, belongs to the Trust.
There is an appeal process in place that allows a beneficiary or authorized representative to send in a written request for review of the decision. The first appeal is reviewed by the Executive Director of The Arc Oregon. If needed, there are two additional levels of appeal that are available through the Trust Committee and Board of Directors.
You may access your trust account activity 24/7 by signing up for online account access. From there, you may print statements for any period of time as needed. If you choose not to enroll in online access, you will receive a paper statement once every quarter in January, April, July and October. Monthly paper statements are not available.
Yes. Due to Medicaid payback rules, donor funds and beneficiary funds cannot be deposited into the same sub-account.
If the situation arises wherein the beneficiary has his or her own money to deposit, but only has a donor-funded account in place, we can assist the beneficiary in enrolling in a separate sub-account. Likewise, donors wanting to deposit funds for the benefit of a beneficiary who only has a beneficiary-funded account will need to establish a separate donor-funded account. If a beneficiary has both types of accounts, in most cases we will issue disbursements from the beneficiary-funded account first and will not access the donor funds until the beneficiary-funded account is depleted.
No. A sub-account with the Oregon Special Needs Trust is irrevocable. That means that once the account is established and funded, the funds may not be withdrawn or transferred, and the account cannot be closed by the beneficiary or donor. This is an important consideration when deciding whether or not a Special Needs Trust is an appropriate option. If an account is approved but no funds have been deposited, then the account can be closed simply by not depositing any funds and notifying us that no funds will be deposited in the future. The enrollment fee will not be returned once an trust sub-account has been approved and established by the OSNT Program Director.
For donor-funded accounts, remainder funds will be distributed to remainder beneficiaries as noted on the Joinder Agreement. By law, any remaining funds in a beneficiary-funded account will be retained by the pooled trust and/or used to satisfy any Medicaid reimbursement requests. If there are any funds remaining after satisfying the Medicaid payback rules, then those funds may be distributed to the remainder beneficiaries as noted on the Joinder Agreement.
No. The State and Federal laws governing Trusts prevent the OSNT from approving any disbursements after the trust beneficiary dies. However, a trust beneficiary can use his or her OSNT account to pre-pay for any and all funeral expenses during his or her lifetime. We strongly encourage all trust beneficiaries to pre-pay all costs associated with their funeral, burial plot, headstone and other related expenses before their death. In general, the use of an irrevocable funeral trust for the purposes of pre-paying funeral costs will not affect Medicaid or SSI benefits.