Families in Cottonwood who are planning for a loved one with disabilities need clear, compassionate guidance when considering a Special Needs Trust. A properly drafted trust helps preserve eligibility for public benefits while providing financial support for needs not covered by government programs. This page outlines how a Special Needs Trust works, who can benefit, and the typical documents often included with comprehensive estate plans. Our goal here is to provide practical information so you can make informed decisions and take the next step toward long-term financial security for your family member with special needs.
This guide covers the core elements of Special Needs Trusts and explains how they fit into broader estate planning. You will find information on trust types, common planning tools like powers of attorney and health care directives, and steps to establish and administer a trust in California. It also clarifies the interaction between trusts and public benefits such as Supplemental Security Income and Medi-Cal. Whether you are beginning the planning process or reviewing an existing arrangement, this content aims to equip you with the questions to ask and the considerations that matter most.
A Special Needs Trust plays a central role in protecting government benefit eligibility while allowing supplemental care and amenities for the beneficiary. When assets are held properly in trust, funds can cover items that public programs typically do not pay for, such as therapy, education, transportation, and recreational activities. The trust can be tailored to address the beneficiary’s lifestyle and future needs without jeopardizing critical supports. This planning tool also gives families a structured approach to long-term financial oversight, helping avoid disputes and unintended distributions that could cause loss of benefits.
The Law Offices of Robert P. Bergman provides estate planning services to families across California, offering experienced representation in areas such as revocable living trusts, wills, powers of attorney, and Special Needs Trusts. Our approach emphasizes clear communication, careful document drafting, and attention to each client’s unique family dynamics and financial picture. We work with clients to coordinate trusts with retirement accounts and insurance planning, and to prepare related documents like HIPAA authorizations and guardianship nominations when appropriate. The objective is to create a reliable plan that protects both benefits and quality of life for loved ones.
A Special Needs Trust is a legal arrangement designed to hold assets for the benefit of a person with disabilities while preserving their eligibility for means-tested public benefits. The trustee manages distributions for supplemental needs that the beneficiary’s public benefits do not cover. Trusts can be created from the beneficiary’s own assets, from a third party such as a parent, or through estate planning documents like a pour-over will. The detailed rules governing distributions and eligibility vary by program, so careful drafting and ongoing administration are essential to protect both assets and benefits.
When establishing a Special Needs Trust, it is important to identify the appropriate trust type based on funding source, the beneficiary’s age, and future care plans. Third-party trusts are funded by family members and do not require estate recovery, while first-party trusts may be subject to payback provisions to the state upon the beneficiary’s death. Trustees must understand permissible and impermissible disbursements to avoid jeopardizing benefits. Planning also often involves coordinating trusts with other estate documents, ensuring successor trustees and contingency plans are clearly stated to provide continuity of care.
A Special Needs Trust is a fiduciary arrangement where a trustee holds legal title to assets and manages them for the benefit of an individual with disabilities. The trust specifies how funds may be used, typically for services and items that supplement public benefits rather than replace them. Trustees have a duty to act in the beneficiary’s best interest, making distributions that improve quality of life without creating countable income for means-tested programs. The trust document outlines administrative powers, distribution standards, successor trustees, and any payback requirements, providing a framework for ongoing support and fiscal responsibility.
Essential elements of a Special Needs Trust include clear identification of the beneficiary, naming a trustee and successor trustees, specifying permissible uses of trust funds, and addressing payback provisions if applicable. The process generally begins with a needs assessment and gathering financial information, followed by drafting trust language customized to the beneficiary’s circumstances. After execution, funding the trust and documenting transfers is critical. Trustees must maintain records, prepare distributions consistent with benefit rules, and coordinate with care providers. Regular reviews ensure the trust remains aligned with changes in benefits, family resources, and the beneficiary’s needs.
Understanding common terms used in trust planning helps families navigate documents and discussions with confidence. This glossary covers phrases you will encounter while creating a Special Needs Trust and related estate planning tools. Definitions focus on practical implications for benefit eligibility, trustee responsibilities, funding mechanisms, and coordination with other legal instruments like powers of attorney and healthcare directives. Familiarity with these terms supports informed decisions and clearer communication when working with attorneys, trustees, and service providers.
A Special Needs Trust is a legal trust designed to hold assets for an individual with a disability without disqualifying them from public benefits. It allows distributions for supplemental needs such as transportation, therapies, specialized equipment, and enrichment activities that are not covered by government programs. The trust is administered by a trustee who must follow the terms of the trust and applicable law to preserve benefit eligibility. The specifics can vary depending on whether the trust is funded by the beneficiary, a third party, or through an estate plan, and whether it is subject to payback rules.
A first-party Special Needs Trust is funded with assets that belong to the beneficiary, often created when a disabled person receives a settlement or inheritance. These trusts are typically subject to state payback provisions, meaning that after the beneficiary’s death the trust may reimburse Medi-Cal for benefits provided during the beneficiary’s lifetime. Because of payback requirements, careful consideration is given to funding sources and long-term objectives. Proper drafting and administration help ensure that the beneficiary receives needed supplemental support while complying with statutory rules and protecting benefit eligibility during the beneficiary’s life.
A third-party Special Needs Trust is created and funded by someone other than the beneficiary, such as a parent, grandparent, or other family member. These trusts are not subject to state payback provisions and therefore allow leftover trust assets to be distributed to other named beneficiaries upon the beneficiary’s death. Third-party trusts are commonly used in estate planning to leave assets to a family member with disabilities while protecting both benefit eligibility and the remainder for other heirs. Proper coordination with wills and revocable living trusts ensures funding occurs as intended.
A payback provision requires that a certain portion of trust assets be used to reimburse the state for public benefits provided to the beneficiary, often applicable to first-party Special Needs Trusts. This requirement typically takes effect after the beneficiary’s death, when the trust assets are used to repay Medi-Cal for covered costs. Payback provisions must be carefully drafted to comply with state and federal law and to clearly define the circumstances under which reimbursement will be sought. Awareness of payback rules influences decisions about trust selection and funding strategies.
Families evaluating trust options should compare first-party and third-party Special Needs Trusts, as well as other planning tools like simple wills, revocable living trusts, and guardianship nominations. A revocable trust offers flexibility and broader estate planning benefits, while a Special Needs Trust addresses benefit preservation. Considerations include who will fund the trust, whether payback is acceptable, and the desired disposition of remaining assets. Consulting about the interaction between retirement accounts, life insurance policies, and trust funding helps ensure an integrated approach that safeguards benefits and accomplishes family goals.
A more limited approach to planning can be sufficient when a beneficiary’s needs are temporary or when only modest supplemental support is anticipated. In situations where benefits are not at immediate risk and family members are able to provide care and management, a short-term trust or specific directive may address the most pressing concerns without creating extensive administrative burdens. However, it is important to document intentions and designate decision-makers to avoid confusion later. Periodic review ensures limited arrangements continue to meet the beneficiary’s changing circumstances and service eligibility requirements.
Limited planning may be appropriate when public benefits are stable and the family has a clear, sustainable plan for care and finances. If the beneficiary’s income and assets are consistently low enough to qualify for benefits and family caregiving arrangements are expected to continue, a simple trust or targeted estate document can complement ongoing supports. Even in these cases, creating formal documentation for financial management, medical decision-making, and successor arrangements reduces the risk of future disputes and helps maintain access to needed services.
Comprehensive planning is often needed when a beneficiary’s financial situation, care requirements, or family circumstances are complex. When assets include retirement accounts, insurance policies, or settlements, coordinating funding sources and beneficiary designations is essential to preserve benefits and manage tax consequences. A full plan addresses contingencies, names successor trustees or guardians, and includes powers of attorney and healthcare directives to ensure continuity of decision-making. This level of planning reduces the risk of unintended disqualifications from public benefits and creates a durable roadmap for future care.
When multiple family members, government agencies, and financial institutions will interact with trust assets and benefit programs, comprehensive planning helps coordinate roles, responsibilities, and documentation. Trustees must be prepared to communicate with social services, healthcare providers, and financial custodians to manage distributions and report as required. A carefully drafted plan and clear administrative instructions reduce friction among parties and increase the likelihood that the beneficiary’s needs are addressed seamlessly. This approach also supports dispute prevention and long-term asset stewardship.
A comprehensive estate plan that incorporates a Special Needs Trust provides integrated protection: it preserves benefit eligibility, directs resources for supplemental needs, and establishes clear decision-making authority. By aligning wills, trusts, powers of attorney, and healthcare directives, families can ensure that assets are used as intended and that care decisions are handled consistently. A full plan also sets out successor arrangements for trustees and guardians, reducing the potential for disputes or interruptions in services. This coordination offers greater peace of mind about the beneficiary’s long-term welfare.
Comprehensive planning also improves flexibility and responsiveness as situations change. Regularly reviewed documents allow updates for changes in benefits, family dynamics, or financial circumstances. Including provisions for funding the trust through insurance, retirement accounts, or pour-over wills ensures that resources will be available when needed. Additionally, clear administrative instructions and record keeping requirements help trustees fulfill their duties responsibly. Together, these elements make it easier to provide a stable and supportive environment for the beneficiary over time.
One of the principal benefits of a comprehensive approach is maintaining eligibility for government programs while providing funds for supplemental needs that improve quality of life. Thoughtful trust drafting and funding prevent counts of income or assets that could disqualify the beneficiary, while allowing for expenditures on education, transportation, therapies, and social activities. This dual protection ensures a reliable safety net from public programs alongside flexible private support tailored to the beneficiary’s preferences and goals, enhancing independence and overall well-being.
Comprehensive planning establishes clear guidelines for trustees, guardians, and family members, which reduces ambiguity and the likelihood of conflict. By designating powers of attorney and naming successors, the plan creates an orderly process for decision-making during incapacity or after a primary caregiver’s death. Well-documented instructions for distributions and trustee authority create predictable outcomes and minimize disputes about use of funds. This structure helps families focus on the beneficiary’s needs and preserves family relationships by setting transparent expectations and responsibilities.
Accurate and consistent record keeping is vital for trust administration and for maintaining benefit eligibility. Trustees should track every distribution with receipts or invoices and note the purpose of each payment to demonstrate that funds were used for permissible supplemental needs. Documentation is also important when communicating with social service agencies or when preparing the trust’s accounting for family members. Clear records reduce the risk of misunderstandings and help defend distribution decisions if questions arise about the trust’s administration or the beneficiary’s benefits.
Selecting a trustee who is willing and able to manage finances and interact with service providers and government agencies is essential for successful trust administration. Consider naming a successor trustee and providing clear instructions to ease transitions. Trustees should understand permissible distributions and document decision-making processes. When family members are not available or able to serve, professional trustee services can provide continuity. Whatever the choice, open communication and training for trustees about benefit rules and administrative tasks will support consistent, benefit-preserving management of trust assets.
Families choose Special Needs Trusts to protect government benefits while directing additional resources to enhance the beneficiary’s life. A trust helps families meet needs that public programs do not cover, such as educational enrichment, career support, transportation, and therapies that promote independence. It also creates a formal structure for financial stewardship, naming trustees and successors who will manage funds according to the family’s values. Planning ahead reduces the chance of benefit loss, clarifies intentions, and provides a foundation for long-term support and peace of mind for caregivers and beneficiaries alike.
Additionally, families often consider Special Needs Trusts to address transitions such as loss of a caregiver, receiving a settlement, or changes in public benefit rules. Trusts can be integrated with a broader estate plan to ensure funding through wills, trusts, or insurance proceeds. They also help avoid the need for court-appointed conservatorship in many cases by assigning financial decision-making to a trustee. Thoughtful planning reduces administrative friction, protects assets, and supports continuity of care over the beneficiary’s lifetime.
Circumstances that commonly prompt families to establish a Special Needs Trust include receiving an inheritance or settlement, planning for the long-term care of a disabled family member, or ensuring that an adult child with disabilities remains eligible for means-tested programs. Other triggers include changes in a caregiver’s health, the desire to set clear spending rules for supplemental needs, or the need to coordinate multiple funding sources. In each case, a trust provides a mechanism to manage resources responsibly while preserving public benefits and promoting the beneficiary’s well-being.
When a person with disabilities receives a settlement, award, or inheritance, placing those funds in a Special Needs Trust can prevent the assets from being counted for public benefits eligibility. A properly drafted trust accepts the funds, allows for managed distributions for supplemental needs, and preserves access to important programs like Supplemental Security Income and Medi-Cal. The trust must meet statutory requirements to be effective, so timely planning and proper drafting are essential to ensure the funds enhance the beneficiary’s quality of life without creating unintended loss of benefits.
Families often create Special Needs Trusts when planning for the possibility that a primary caregiver may become incapacitated or pass away. A trust ensures that assets set aside for the beneficiary will be managed by a designated trustee and used according to the caregiver’s wishes. Including successor trustees and detailed instructions for distributions can facilitate continuity of care and reduce the need for court intervention. This planning relieves some of the emotional burden on family members by establishing an orderly framework for long-term financial support.
When a beneficiary’s support comes from a mix of public benefits, family contributions, insurance, and retirement accounts, a Special Needs Trust helps coordinate these resources. The trust provides a centralized mechanism for making supplemental purchases and managing payments for services that benefits do not cover. Trustees can prioritize spending to address changing needs while maintaining the beneficiary’s eligibility for programs. This coordinated approach simplifies administration and helps ensure that available resources are used in a manner consistent with both the beneficiary’s needs and applicable benefit rules.
The Law Offices of Robert P. Bergman serves clients in Cottonwood and the greater Shasta County area with personalized estate planning for families caring for individuals with disabilities. We help assess needs, draft Special Needs Trusts and supporting documents, and coordinate funding through wills, trusts, and beneficiary designations. Our approach focuses on practical solutions and clear communication with families, trustees, and service providers. If you are planning for a loved one’s long-term care and financial security, we provide resources and guidance tailored to California law and local service realities.
Families work with our office because we combine careful drafting with thoughtful planning that addresses both benefits and practical needs. We take time to understand the beneficiary’s day-to-day needs, the family’s financial situation, and the preferred approach to trustee selection and distribution rules. The goal is to craft documents that preserve benefits while allowing meaningful supplemental support. Throughout the process we explain options in clear language and coordinate the trust with related estate planning tools to ensure a cohesive plan.
Our team helps clients navigate the technical requirements for different types of Special Needs Trusts and anticipates common administrative issues that arise during trust funding and ongoing distributions. We offer guidance on naming trustees, documenting distributions, and coordinating with government benefit programs. For clients with more complex asset structures, we assist in designing funding strategies using life insurance, retirement accounts, or pour-over arrangements to protect the beneficiary’s future needs without jeopardizing eligibility for public supports.
We also assist families with related estate planning documents, including revocable living trusts, pour-over wills, powers of attorney, advance health care directives, HIPAA authorizations, and guardianship nominations when appropriate. This comprehensive approach helps ensure that financial and healthcare decision-making is aligned and that the trust operates as intended over time. Our focus is on practical results that provide stability and predictability for the beneficiary and their caregivers across changing circumstances.
Our process begins with an initial consultation to understand the beneficiary’s needs, family goals, and funding sources. We perform a needs assessment, review public benefit eligibility, and discuss trustee options and distribution guidelines. Next, we prepare draft documents tailored to the family’s circumstances and coordinate funding through estate planning instruments. After execution, we provide guidance on trust administration, record keeping, and interactions with agencies. Regular reviews are recommended to update documents as laws or family situations change, ensuring continued protection and adaptability.
The first step involves gathering information about the beneficiary’s income, assets, benefits, health needs, and family resources. We discuss short-term and long-term goals for the beneficiary, potential funding sources for the trust, and the desired criteria for distributions. This phase identifies whether a first-party or third-party trust is most appropriate and outlines how the trust fits into the broader estate plan. Clear documentation at this stage sets the foundation for drafting trust provisions that align with the family’s intentions.
Collecting accurate financial and benefits information is essential for effective planning. This includes documentation of income, bank accounts, retirement plans, insurance policies, and any expected settlements or inheritances. We also review current benefit enrollments such as SSI and Medi-Cal to determine relevant eligibility rules. Understanding the full financial picture enables us to recommend the appropriate trust type and funding strategy, and helps avoid unintended consequences that could affect benefits or create tax issues for the beneficiary.
We discuss the beneficiary’s current and anticipated care needs, including medical, educational, and social supports, and we evaluate potential trustee candidates. Conversations focus on identifying trustees who can manage finances responsibly and communicate with service providers, as well as naming successors. We also address whether professional administration may be preferable to family trustees in complex situations. Clear role definitions and contingency planning at this stage help ensure trusted, consistent stewardship of the trust over time.
After agreeing on plan details, we draft trust documents and related estate planning instruments tailored to the beneficiary’s circumstances. Drafting includes specifying trustee powers, distribution standards, payback provisions if applicable, and coordination with wills, powers of attorney, and health care directives. We review the draft with the family, make necessary revisions, and guide the signing and notarization process. Ensuring correct execution and funding is essential to the trust’s effectiveness and to preserving the beneficiary’s access to public benefits.
Finalizing trust language involves ensuring that distribution standards and administrative provisions are clear and compliant with relevant laws. Related instruments such as a pour-over will, revocable living trust, powers of attorney, and HIPAA authorization are integrated to create a comprehensive estate plan. We explain how each document operates and how assets will be transferred into the trust. Properly coordinated instruments reduce the risk of assets passing outside the trust and help guarantee that the beneficiary will receive intended support.
Execution and notarization formalize the trust and related documents, while initial funding steps place the essential assets under the trustee’s control. Funding can include retitling accounts, designating beneficiaries, or transferring proceeds from life insurance and retirement accounts via coordinated estate documents. We provide a checklist of actions to complete funding and maintain records. Proper funding is a critical step to ensure the trust functions as intended and preserves the beneficiary’s eligibility for benefits from the outset.
After the trust is established and funded, ongoing administration involves record keeping, managing distributions, and periodic reviews to reflect changes in law or family circumstances. Trustees should keep detailed records of expenditures and maintain communication with service providers and benefit agencies when needed. Regular reviews ensure that distribution standards remain appropriate and that the trust continues to protect public benefits. We offer periodic check-ins and assistance with major events like changes in benefits, receipt of new assets, or trustee transitions.
Trustees are responsible for maintaining accurate books and records that document the purpose of each distribution and its relation to the beneficiary’s supplemental needs. Good record keeping supports transparency with family members and provides necessary proof when interacting with benefits administrators. Trustees should create and retain receipts, invoices, and written explanations for payments. Following consistent distribution practices prevents accidental creation of countable income or resources that could affect means-tested program eligibility and helps preserve the long-term viability of the trust.
Periodic reviews are recommended to ensure that the trust and associated estate planning documents remain aligned with the beneficiary’s needs and with current law. Changes such as new benefit rules, evolving care needs, or modified family dynamics can affect how the trust should operate. During reviews, funding strategies, trustee designations, and distribution standards are evaluated and revised as needed. Proactive updates reduce the risk of unintended consequences and support continuity of care and financial support over the beneficiary’s lifetime.
A Special Needs Trust is a legal vehicle that holds assets for a person with disabilities while preserving eligibility for means-tested public benefits. The trustee manages the trust and makes distributions for supplemental needs not covered by public programs, such as recreational activities, transportation, or specialized services. Because the trust assets are not countable resources for benefit eligibility when properly structured, the beneficiary can receive both public supports and privately provided enhancements to quality of life. Maintaining benefit eligibility depends on careful drafting and ongoing administration. Trustees must avoid making distributions that would be deemed income or resources by agencies like the Social Security Administration or Medi-Cal. Proper documentation of distributions and clear trust terms are important to demonstrate that funds are used to supplement, not supplant, public benefits.
First-party and third-party Special Needs Trusts differ mainly in the source of their funding and in payback obligations. A first-party trust is funded with the beneficiary’s own assets and usually includes a payback provision requiring reimbursement to the state for certain public benefits upon the beneficiary’s death. A third-party trust is created and funded by someone other than the beneficiary, such as a parent, and generally avoids state payback, allowing leftover assets to pass to other named beneficiaries. Choosing between these trusts depends on the circumstances: expected funding sources, the family’s goals for remainder assets, and how payback rules affect long-term planning. An analysis of the beneficiary’s benefits and anticipated resources helps determine the most appropriate structure and ensures legal compliance and benefit protection.
Funding a Special Needs Trust through an estate plan often involves coordinating a pour-over will, beneficiary designations, and life insurance to ensure assets transfer into the trust upon the settlor’s death. Retirement accounts and certain payable-on-death assets may require specific planning to avoid counting as resources for the beneficiary. A pour-over will can funnel probate assets into a trust, while direct beneficiary designations or trust ownership for accounts can achieve immediate funding without probate. Regular review of beneficiary designations and account ownership is necessary to prevent unintended transfers that could disqualify the beneficiary from benefits. Proper coordination among estate planning documents, and timely retitling of assets, helps ensure the trust receives intended funds while preserving the beneficiary’s public benefit eligibility.
A trustee should be someone able to manage finances responsibly, communicate with service providers and agencies, and follow the trust’s distribution standards. Family members often serve as trustees when they have the capability and willingness to carry out administrative duties, but professional trustees or combinations of family and corporate trustees can offer continuity if needed. Naming successor trustees and providing clear written guidance reduces the risk of gaps in administration. Trustees are responsible for making distributions that align with the document’s terms, maintaining detailed records, and protecting the beneficiary’s public benefits. They must act in the beneficiary’s best interest as set out by the trust and applicable law, and be prepared to interact with government benefit programs and healthcare providers when necessary.
When a Special Needs Trust is properly drafted and funded, it can preserve eligibility for SSI and Medi-Cal by ensuring that trust assets are not counted as the beneficiary’s own resources. The trust must clearly restrict distributions to supplemental needs and be administered to avoid creating countable income or resources. Different rules apply depending on whether the trust is a first-party or third-party arrangement, so the trust type and language must align with program requirements. Trust administration matters as much as drafting: trustees should avoid direct cash distributions that could be treated as income, and instead make payments to third-party providers or vendors for permissible goods and services. Keeping clear records and understanding program rules helps prevent unintended benefit loss for the beneficiary.
What happens to trust assets after the beneficiary’s death depends on the type of trust and its terms. Third-party Special Needs Trusts typically include remainder beneficiaries who receive any leftover assets after the beneficiary passes, according to the trust’s distribution scheme. First-party trusts often include a payback provision to reimburse the state for Medi-Cal expenses, and any remaining funds after payback may then pass to other named beneficiaries if the trust allows. Clear drafting of remainder provisions and awareness of payback rules are important components of planning. Families should specify their intentions for leftover assets in the trust document and consider tax and administrative implications to ensure the plan aligns with broader estate objectives.
A Special Needs Trust can often be modified if circumstances change, provided the trust document includes provisions allowing amendment or the law permits modification in certain situations. For revocable trusts, the settlor can generally make changes during their lifetime. Irrevocable trusts may be more difficult to change, but options such as trustee-conducted decanting, court modification, or reformation under applicable statutes may be available in some cases. Because changes to the trust can affect benefit eligibility and tax consequences, proposed modifications should be reviewed carefully. Periodic plan reviews and professional advice help ensure that any adjustments continue to protect benefits and meet the changing needs of the beneficiary.
Settlements or inheritances received on behalf of a person with disabilities should be handled with care to avoid disrupting public benefits. Placing such funds into a properly drafted Special Needs Trust can protect benefits while allowing the funds to be used for supplemental needs. Timing, documentation, and compliance with trust funding requirements are important to ensure that the settlement or inheritance enhances the beneficiary’s quality of life without creating disqualifying resources. Before accepting a settlement or accepting an inheritance directly, families should consider trust options and memorialize plans in legal documents to direct those funds into a trust. Coordinated planning avoids common pitfalls and ensures that funds are used in a manner consistent with both benefit preservation and the family’s intentions.
A pour-over will is often recommended alongside a Special Needs Trust to capture any assets that were not properly transferred into the trust during the settlor’s lifetime. The pour-over will transfers remaining probate assets into the trust upon death so they will be distributed according to the trust’s terms. This helps ensure that intended funding reaches the Special Needs Trust even if some assets were inadvertently left outside it at the settlor’s passing. Including a pour-over will in a comprehensive estate plan provides a safety net and simplifies administration by funneling probate assets into the trust. It should be combined with regular reviews and proper beneficiary designations to minimize the need for probate and to ensure the trust receives intended resources promptly.
Special Needs Trusts and their related estate planning documents should be reviewed periodically and after major life events, such as changes in benefits, receipt of new assets, alterations in family dynamics, or changes in caregiving arrangements. Regular reviews help confirm that funding mechanisms remain effective and that trustee designations and distribution standards still reflect the family’s goals. Adapting the plan proactively prevents unintended consequences and preserves benefit eligibility. We recommend scheduling reviews at least every few years or whenever a material change occurs. During reviews, funding arrangements, beneficiary needs, and legal updates are evaluated to ensure that the trust continues to operate as intended and that the beneficiary’s quality of life and public benefits remain protected.
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