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!
Rules & Regs
The POMS is a primary source of information used by Social Security employees to process claims for Social Security benefits, and is also a primary source for special needs trust administrators in determining whether trust administration practices may have any adverse affects on SSI benefits. Some sections that deal directly with special needs trusts are:
This OAR provide information on how special needs trusts will affect public benefits administered by the State, such as Medicaid, Medicaid Waivers, and food stamps. This rule also addresses the treatment of 1st party deposits after a beneficiary turns 65 years of age.
In regards to special needs trusts, there are two statutes that offer some guidance:
- ORS 125.005(3) Definition of Financially Incapable
- ORS 125.440 Acts conservator may perform only w/court approval