HOUSE DOCKET, NO. 345        FILED ON: 1/9/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2720

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act authorizing tax free contributions to a trust for the care of incapacitated persons..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 62 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 6I the following section:—Section 6J. A parent or guardian of a person who is disabled, as defined in the federal Social Security Act, 42 U.S.C. §1382c (a)(3)(A), may contribute an amount not to exceed ten percent of his gross income to a supplemental needs trust for the care of such disabled person and such contribution shall be exempt from taxation under the provisions of this chapter.For purposes of this paragraph, a “supplemental needs trust” shall mean a trust used to provide a supplemental source for payment of goods and services that are otherwise unavailable from any publicly funded benefit program or to provide a higher quality of care than is otherwise available.