Scenario A: trust precedent is not current and 90-day trust amendment
period does not apply
Thompson has been a trust beneficiary of The Brothers of Townsville Master Pooled
Trust since 02/01/08 and an SSI recipient since 2003. They reported the trust for
the first time during an RZ interview in 08/20/15 and submitted their master and joinder
trust documents. The Brothers of Townsville Master Pooled Trust has been amended three
times, on 10/24/09, 03/18/12, and 02/15/13, and the amendments apply to prior versions.
Our precedent file is not current because it shows that the master trust meets the
requirement for exception based on the amended version of 03/18/12.
During Thompson’s RZ, we evaluate the 02/15/13 amended version of the master pooled
trust, because it is the most recent, and their joinder agreement. OPLaw finds that
the 02/15/13 version does not meet the requirements for exception. We document the
trust determination and count the balance of the trust as a resource back to the start
of the period of review based on administrative finality.
Thompson does not qualify for a 90-day trust amendment period because their trust
was not previously excepted from resource counting. A trust that either is newly formed
or was not previously excepted from resource counting for that individual must meet
all of the criteria in SI 01120.199 through SI 01120.203 and SI 01120.225 through SI 01120.227, to be excepted under section 1917(d)(4)(A) or 1917(d)(4)(C). Do not except such a trust from resource counting unless the trust meets all of
these requirements.
Scenario B: trust precedent is not current and 90-day trust
amendment period applies
Thompson has been a trust beneficiary of The Brothers of Townsville Master Pooled
Trust since 02/01/08 and an SSI recipient since 2003. We first excepted their pooled
trust from resource counting in 03/2008. During an RZ interview on 08/20/15, Thompson
submitted a copy of 02/15/13 amended master and joinder trust documents. The Brothers
of Townsville Master Pooled Trust has been amended three times, on 10/24/09, 03/18/12,
and 02/15/13, and the amendments apply to prior versions. Our precedent file is not
current because it shows that the trust meets the requirements for exception as a
resource based on the amended version of 10/24/09.
During Thompson’s RZ, we evaluate the 02/15/13 version of the master pooled trust,
because it is the most recent, and their joinder agreement. OPLaw finds that the 02/15/13
version does not meet the requirements for exception because the early termination
provision is noncompliant.
Since we had previously excepted The Brothers of Townsville Master Pooled Trust in
Thompson’s record (in 03/2008), we follow instructions in SI 01120.199 and offer them 90 days to amend the trust. On 11/11/15, the trust is amended and
becomes compliant. Since the trust was amended during the amendment period, the trust
remains excepted from resource counting during the amendment period and continuing.
Scenario C: trust amendments do not cover the entire period of
review
Thompson has been a trust beneficiary of The Brothers of Townsville Master Pooled
Trust since 02/16/08 and an SSI recipient since 2003. We first excepted their pooled
trust from resource counting in 03/2008. During an RZ interview on 08/20/15, Thompson
submitted a copy of 12/15/13 amended master and joinder trust documents. The Brothers
of Townsville Master Pooled Trust has been amended three times, on 10/24/09, 03/18/12,
and 12/15/13. Our precedent file is not current because it shows that the trust meets
the requirements for exception as a resource based on the amended version of 10/24/09.
Thompson’s RZ period of review is 08/13 through 08/15. We evaluate the 12/15/13 version
of the master pooled trust because it is the most recent and covers the period 12/13
to 08/15 and the 03/18/12 version of the trust because it is applicable to the other
part of the period of review (08/13 – 12/13). (The 12/15/13 version of the trust amended
the 03/18/12 version of the trust, but only after 12/15/13. The 12/15/13 amendment
is not retroactive to 03/18/12.) We also evaluate their joinder agreements. OPLaw
finds that the 03/18/12 version of the trust is compliant, but the 12/15/13 version
does not meet the requirements for exception because the early termination provision
is noncompliant.
Since we had previously excepted The Brothers of Townsville Master Pooled Trust in
Thompson’s record (in 03/2008), we follow instructions in SI 01120.199, and offer them 90 days to amend the trust. On 11/11/15, the trust is amended and
becomes compliant. Since the trust was amended during the amendment period, the trust
remains excepted from resource counting during the amendment period and continuing.