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SNTs help people with special needs to remain eligible for needs based government benefits (e.g., SSI/Medi-Cal) who might otherwise lose such benefits due to an inheritance, personal injury award, or a lucky wind-fall.
Many people who know about the first two types of SNT generally do not know about pooled SNTs.
A pooled SNT is so-named because multiple beneficiaries participate in a single trust, but with separate accounts.
The pooled SNT is not drafted by a private attorney, nor is it established either “by or for” any one individual beneficiary. Instead, it is established by a nonprofit organization, which is also the trustee, for the benefit of many participants.
That organization manages and invests the assets for the benefit of all beneficiaries. Thus small accounts receive better investment opportunities.
Pooled SNTs are often attractive when small amounts are involved that would otherwise not justify a separate trust.
Currently there are around six pooled SNTs serving California. Each provides a different benefits package. Each charges a one-time “enrollment/joinder fee” and recurring “annual fees.”
These fees vary. For example, the Proxy Parent Foundation Plan of California charges a one-time enrollment fee of 1.5 percent of the trust balance (not to exceed $1,800 or less than $500) and a 1.25 percent annual fee. The Center for Special Needs Trust Administration charges $2,500 for enrollment and a 2% annual fee. These fees can change.
Pooled SNTs are not for everyone. They will not accept to own and/or manage real property (such as the house where the beneficiary lives); any real property must first be sold and the cash proceeds deposited with the trust.
Pooled SNTs can be located far away from where the beneficiary lives. Pooled SNTs will usually keep what remains when the beneficiary dies for their own non-profit mission. And, some find the annual costs too expensive.
Nevertheless the pooled SNT can be very useful in situations where the other types of SNTs are not solutions.
Consider the “self-settled” SNT which requires that a parent, grandparent or a guardian establish the trust solely for a person with special needs who is under age 65. This SNT cannot be established by the beneficiary himself/herself; nor can it be established for a beneficiary over age 65.
In addition, it cannot be established for multiple beneficiaries of the same trust.
Next, consider the “third party” SNT. It only applies when someone other than the special needs person (often a family member) is gifting his/her own assets.
The third party SNT cannot receive assets directly from the beneficiary. Like the self-settled type, the third party SNT requires someone to act as trustee who must either understand public benefits law or work closely with someone who does. Otherwise, the trustee will likely make improper distributions that could cost the beneficiary his or her benefits.
By contrast, the pooled SNT can be joined by anyone, and can receive assets from anyone. Furthermore, the pooled SNT provides a competent trustee.
Thus, someone who is over 65 and receiving SSI or Medi-Cal can still join a pooled SNT and can contribute his or her excess resources directly to the pooled SNT.
And someone who cannot find a qualified person to act as trustee for a third party SNT can solve that problem by joining a pooled SNT.
In sum, pooled SNTs can be a savior when someone cannot otherwise qualify for another type of SNT; when the amount to be invested is too small for a separate SNT; and when a trustee cannot otherwise be found. The value of this type of SNT should not be overlooked.
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LAKEPORT, Calif. – Several dozen local nurses holding picket signs lined Hill Road East across from Sutter Lakeside Hospital on Thursday, taking part in a one-day strike to oppose what they say are unfair takeaways the hospital is proposing in contract negotiations with nursing staff.
The action at Sutter Lakeside was in concert with a one-day strike called at 33 other hospitals around Northern and Central California – mostly Sutter and Kaiser Permanente facilities – involving an estimated 23,000 nurses represented by the California Nurses Association.
At Sutter Lakeside, an estimated 125 nurses are part of the union. It was not clear on Thursday how many nurses were taking part in the strike, although numbers ranged between 50 and 75.
Sutter Lakeside spokesperson Angie Lagle said that 94 percent of the day shift nurses, or two-thirds of the total nursing staff, crossed the picket lines.
“There have been no issues today regarding the strike. Those that have showed up to picket have been very peaceful and respectful, which we are grateful for,” Lagle said.
As they walked along the road shoulder in the hot sun Thursday, the nurses carried signs that read “Some cuts don't heal,” “Not cuts in patient services” and “Community care not corporate profits.”
The majority of the feedback the striking nurses received from people coming and going from the hospital included friendly waves and the honking of car horns.
Jody Dawson, a 19-year veteran of the hospital who works in Sutter Lakeside's birthing center, said the largely supportive response was because nurses are there for patients at birth, death and whenever they're needed in between.
However, the reception they had wasn't completely positive. At one point, a man in a large silver SUV paused to yell that they were greedy.
“We're not going in asking for more money,” said Dawson. “It's all about the takeaways with them.”
The proposed takeaways include cuts in health care to part-time nursing staff and cuts in benefits, according to the union.
Nurses on strike Thursday also emphasized that they make well below the $136,000 “average” salary that the hospital said nurses made in the Sutter system.
Steve Kostove, a 19-year Sutter Lakeside nurse who said he recently was fired in retaliation for his union activities, took part in the strike, which he said began early in the morning on Thursday and ended at 8 p.m.
Nurses taking part in the strike noted low morale and more tension in their work atmosphere, which they're blaming on the hospital's administration, including hospital Chief Administrative Officer Siri Nelson and Human Resources Director Richard Abbate.
There have been recent firings, with nurses also placed on administrative leave while complaints against them are investigated, according to Kostove and other nurses on the picket line.
Lagle said that, because of employee privacy laws, the hospital cannot comment on those allegations.
Dawson said nurses were repeatedly questioned on Wednesday about whether or not they were going to strike.
“My experience in the hospital yesterday was atrocious,” is how Dawson described the day before the strike.
Lagle said that, in preparing for the strike, the department directors were asked to find out how many replacement nurses they might need in order to continue to provide proper care for patients.
“We apologize if some nurses found this intimidating, but we needed to find out this information for the safety and care of our patients,” said Lagle.
She added, “Sutter Lakeside administration in no way intended to make any nurse feel intimidated or retaliated against. We feel that it is the right of every nurse to strike if they would like to and we have no reprimand for those who decide to do so. Our goal with the questioning was to ensure the proper care of our patients.”
Dawson said her boss personally warned her that she was worried for Dawson's job if she participated in the one-day strike.
Lagle said employees are aware of the policies and procedures that are outlined in the nursing contract with regards to union activities, and they are aware if they have acted in a way that would cause them to be in violation of those policies and procedures.
“I am not aware of a particular case where someone was directly warned about losing their job, so I have no specific comment,” Lagle said.
The hospital had said earlier this week that it was hiring contract nurses, and that nurses who took part in the strike would not be able to return to work for an additional seven days.
It wasn't clear on Thursday if that was going to hold, as nurses were receiving word that they would be able to return to work on their next scheduled shift, unless they worked in the emergency room or intensive care unit.
Union members also said they understood that the hospital had been able to cover the striking nurses with current staff, not contract nurses.
Kostove said the union was telling nurses to show up for their scheduled shifts, prepared to work.
Kristin Snyder, who has worked at the hospital for 30 years, splits her time between the birthing center and the intensive care unit. She wasn't sure if she was going to be allowed to return to work on Sunday or not.
“I think they're really out to destroy the union,” said Snyder.
She said the union offers nurses “a measure of safety” in their jobs, adding that without CNA the nurses are essentially powerless.
Kostove said the next negotiation sessions on the new nurses' contract is set to take place next week, but he said if the nurses are locked out they won't appear at the negotiating table.
At the hospital's request, a small police presence was at the scene of the Thursday strike.
The Lakeport Police Department reported that Sutter Lakeside had contacted the agency on Tuesday seeking assistance due to security concerns over the strike, which Lagle confirmed.
“Some strikes in the past have resulted in employees fearing for their safety arriving to and leaving the hospital building and we did not want that to occur this time,” Lagle said. “We did not expect to have major issues during this strike yet we wanted to show the non-striking employees that administration hears their concerns and cares for their safety. Our desire is to always provide a safe working environment for our employees, no matter the circumstances.”
Sgt. Kevin Odom reported that the hospital asked to contract for two officers to be at the main entrance from 7 a.m. to 7 p.m., with the hospital agreeing to pay for all overtime costs. Odom said the department agreed to a contract with the hospital after consulting with the Lake County Sheriff's Office about the event.
Odom reported that the officers' job was to maintain everyones' safety and remain impartial.
At the scene on Thursday were Sgt. Dale Stoebe and Officer Destry Henderson, who said there were no incidents during the day.
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The positive sample consisted of 10 Culex tarsalis – the Western encephalitis mosquito – collected east of Middletown on Thursday, Sept. 15, according to the Lake County Vector Control District.
The district said the previous two West Nile Virus-positive mosquito samples were collected earlier in September near Kelseyville. No other West Nile Virus activity – in humans or animals – has been reported in Lake County this year.
“The mosquitoes that are testing positive for West Nile Virus in Lake County develop in still water,” said Jamesina J. Scott, Ph.D., the district manager and research director of the Lake County Vector Control District. “They will develop in wading pools, neglected swimming pools and spas, ponds, fountains, and other water sources. You can protect your family – and your neighbors – by dumping out small water sources like wading pools, or calling the district for help with larger sources like pools and ponds.”
One unmaintained – or “green” – pool can produce hundreds of thousands mosquitoes per week, and those mosquitoes can fly up to five miles away.
The district recommends that residents avoid being outside when mosquitoes are active, especially near dusk and dawn.
Wear long sleeves and pants and use a mosquito repellent – always read and follow label directions – if they are outside when mosquitoes are active, the district suggested. Dump out buckets, wading pools, and other sources of water where mosquitoes develop.
West Nile Virus has been detected in Lake County every year since its arrival in 2004, but only three residents have become ill from WNV infection in that time.
Dr. Scott attributed the low incidence of West Nile Virus disease in Lake County residents to the District’s vigorous efforts to control mosquitoes.
The Vector Control District regularly traps and tests mosquitoes throughout the county to identify the areas that are at highest risk, and target those areas for source reduction and treatment.
The district reports that mosquito activity – particularly for the Culex mosquitoes that transmit West Nile Virus – has been very high in some localized areas of the county.
While mosquitoes are an important part of the environment and cannot be eliminated completely, the district works to reduce mosquito populations near places where people live and recreate to prevent disease.
The Lake County Vector Control provides free mosquito-eating fish to Lake County residents for use in animal water troughs, ornamental ponds and out-of-service (“green”) swimming pools.
Residents with questions, or who would like help with a mosquito problem should contact the Lake County Vector Control District at 707-263-4770 or visit the district's Web site at www.lcvcd.org.
For more information about West Nile virus, visit www.westnile.ca.gov/.
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CLEARLAKE, Calif. – Clearlake Police arrested a woman early Wednesday morning after she allegedly shot a rifle at her husband inside their home.
Billie Jo Sevey, 33, was arrested for assault with a firearm on a person, shooting at an inhabited dwelling, negligent discharge of a firearm and domestic violence, according to a report from Sgt. Rodd Joseph.
Joseph said that at 1:15 a.m. Wednesday Clearlake Police officers were dispatched to a reported domestic disturbance in the 15800 block of 27th Avenue.
A man called 911 to report that his wife was armed with a rifle and was shooting at him inside their home. Joseph said that while officers were en route to the scene, the dispatcher overheard a single gunshot over the 911 call.
Officers arrived on scene within minutes and located the adult male victim out in front of the residence. He was uninjured, Joseph said.
Billie Jo Sevey soon exited the house with her children and surrendered to police, Joseph said.
A loaded 45/70 rifle was located in the backyard of the home along with three expended cartridges. Several bullet holes were located inside the home as well, Joseph said.
From the investigation it is believed that Sevey had been in an argument and physical altercation with her husband. Sevey then obtained the firearm and began shooting at her husband as he tried to retreat to another room in the home, Joseph said.
Joseph said no one was injured in the incident.
Sevey – who was booked under the last name of Thompson – is being held in the Lake County Jail on $100,000 bail. She remained in custody on Thursday night, according to jail records.
Joseph said Clearlake Police referred the case to the Lake County District Attorney’s Office for filing of charges.
Anyone with information about this call or any other crime occurring in the city of Clearlake is asked to call police at 707-994-8251. Callers may remain anonymous.
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LAKEPORT, Calif. – With a wiener dog race, Oktoberfest costume contest, an authentic German band including strolling accordion players and a spectacular beer and wine garden, Lake County will celebrate the return of Oktoberfest on Saturday, Oct. 1.
The event will take place from 11 a.m. to 10 p.m. in downtown Lakeport.
Despite the already-exciting blend of local craftspeople and service clubs who have rushed to be vendors at this year’s event, some booth spaces are still available.
Planned festivities for this day-long event include a Dachshund Derby wiener dog race as well as a rubber duckie regatta and other live entertainment all day including two live bands, contests such as pretzel eating, Dirndl/Lederhosen outfit, beer stein running and others.
A contest for the best authentic beer stein will be held at the Lakeport Party Store on Third Street across from Museum Park.
There also will be a pretzel guessing contest and even live radio feed on FM 88.7 throughout the day within a mile of the event. The event will conclude with a street dance featuring the Jimi Z Band.
Downtown merchants will participate in Oktoberfest and you may see many of them in costume when the day comes as well as the vendors along Main Street.
One of last year’s biggest highlights was the Dachshund Derby, a running of the wiener dogs. This year’s Oktoberfest is going to kick off with these little longies making their costumed dashes.
Dachshunds come from all over to participate with many of their clever human companions outfitting them in costumes. Large and small dachshunds are welcome and, of course, costumes are highly encouraged with cash prizes for speed and outfits.
The music has been stepped-up this year with two bands highlighted. During the afternoon Showcase the Band will step to the stage with authentic German music, merriment and audience participation from 1 p.m. to 5 p.m.
From 6 p.m. to 10 p.m. The JimiZ Band will perform for a street dance with music of all sorts to delight the audience.
From 5 p.m. to 6 p.m. a new activity will join the parade as we introduce a Rubber Duckie Regatta. Rubber duckies are available for purchase from the Lake County Chamber office in Lakeport for $5 with participants encouraged to add flair to their quacker for inclusion in the race.
Participants will have a chance to race their duckies in rain gutters from 5 p.m. to 6 p.m. using whatever means of propulsion they can muster, so long as they don’t touch their ducks. Costumed participants will be given a 1-foot advantage. Sea Scout Ship Konocti Phoenix is assisting with the Rubber Duckie Race and will be receiving funds from the sale of the Ducks.
Throughout the day there will be an ongoing opportunity to participate in a drawing for cash prizes of $500, $250 and $250 sponsored by the JimiZ band. The drawing will be held at 9 p.m. from the Mediacom Stage and winners do not have to be present.
Dozens of vendors will line the streets of Lakeport with incredible food, clothing, artistry and more.
Last year’s Oktoberfest Lakeport offered a huge variety of shopping items and this year will be no different, with downtown merchants, including a new dessert/ice cream parlor and Lake County vendors offering a wide selection.
Since this celebration takes a nod from the original in Germany, there will be beer of all sorts. More than a dozen micro brews will be available to celebrants from all over the area.
There will be a beer tasting event from 1 p.m. to 4 p.m. in the shadow of the band stand and beer is available for purchase throughout the event.
Lake County’s incredible wineries also will be well represented for those who wish to partake of the grape.
Younger guests will have plenty of choices, too, with plans for a children’s activity area.
In addition to the Oktoberfest, the Lakeport Rotary club is holding its annual Konocti Challenge, a cycling event in which over 500 bicyclists participate in varying courses throughout Lake County, concluding at Oktoberfest.
For more information, visit www.Oktoberfest-Lakeport.com or contact the Lake County Chamber of Commerce at 707-263-5092.
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Before a single idea could be shared, however, executives watched uncomfortably for 10 minutes as their hosts exchanged insults.
Rep. Bob Filner (Calif.), the ranking Democrat, started the rhubarb. Soon drawn in was a very angry chairman, Republican Jeff Miller of Florida.
The scene reinforced the notion that the 112th Congress is the most divisive in recent memory. The type of bitter exchange that serves as entertainment on the 24-hour cable “news” circuit was allowed to open a pro-veteran event arranged by a committee once known for bipartisanship.
After a cordial opening statement, explaining why he and Filner had arranged the summit, to learn from companies that hire thousands of skilled veterans, Miller yielded “to my good friend,” the ranking member.
Filner, who had chaired the committee until Republicans gained majority status in the House last January immediately raised doubt over the value of the summit given that Republicans refuse to pass a jobs bill and instead recite their “mantra” that only the private sector can create jobs.
Filner called that claim “patently ridiculous,” citing hefty employment rolls at VA, as one example, and noting that VA creates thousands of jobs through its various construction projects.
“The president suggested in his speech the other day that we create tax incentives for the private sector to hire veterans. I would like to hear from all of you about what you think of that,” Filner told the executives, though he soon would leave them without asking a single question.
His criticism of Miller continued a while longer, however, as he explained how he wrote a letter to Miller urging that the committee hold a hearing on tax incentives to hire veterans.
“I think you answered my letter that, no, we’re not going to take that up,” he told Miller. “To say that we don’t have any role in this is just ridiculous,” Filner continued.
Congress could, for example, mandate that federal contractors adopt veterans’ preference in hiring their workers.
Filner then challenged statistics Miller used in his opening statement, that the unemployment rate for the youngest veterans was nearly into double digits.
He said unemployment for veterans “is almost twice that of the national average and for returning Iraq and Afghanistan veterans it may be up to three times … far worse than some of the statistics I just heard.”
A check with the Bureau of Labor Statistics shows Miller used correct data. Filner used BLS data for the most recent month, August, and used the unemployment rates for veterans age 18 to 24, which fluctuates widely, month to month, given that the number of veterans surveyed is very small.
Even administration officials have cautioned against such comparisons.
“You can’t say things are significantly worse for veterans” in the job market “but they certainly aren’t better. And that is what surprises people,” said BLS economist Jim Borbely in a phone interview. “They expect veterans to have an easier time because they have the training and the skills acquired through their service. But in this economy we are not really seeing that.”
The latest annual survey shows a jobless rate for veterans of all eras at 8.7 percent compared to 9.4 percent for non-veterans.
Among “Gulf War-era II” veterans, those who left service since 9-11, unemployment is 11.5 percent. But Miller ignored the statistical challenge in answering Filner.
With apologies to executives from Walmart, Sears, GE and more, he told Filner that the Democrat “writes letters better than he listens.”
The point made in committee, and “so inappropriately portrayed” by Filner, “was that it is not the government’s role to create jobs. It’s the government’s role to create an environment in which businesses can hire people.”
Filner misunderstood, despite having a “massive staff” to help him, Miller said.
Filner interrupted. “To say that the government can’t create jobs is just ideological pabulum that means nothing in the real world,” he said.
An angry Miller then clarified his point.
“I will do everything that I can to keep the foot of the government off the backs of the people that hire individuals.”
Miller apologized again to the full hearing room, explaining they had witnessed “probably the first deterioration of this committee’s candor and openness. But it is the political season.”
When company representative got their chance, they discussed why veterans present a rich pool of job candidates and described their own successes finding and hiring veterans.
Some directed a few knocks at the Department of Defense and at military commanders for not allowing separating or retiring service members time enough while on active duty to research civilian job opportunities.
They also criticized blocked access from military computers to company websites to allow members to scan and apply for jobs.
Some employers complained too that the military does little to help departing members translate their job skills and experience into job resumes that potential civilian employers can understand.
Jolene Jefferies, vice president for Direct Employers Association, warned that recent proposed regulations from the Office of Federal Contract Compliance Programs (OFCCP), intended to help veterans by forcing companies doing business with the government to keep detailed records on interaction with veteran applicants, would be “a job-killer.”
“We think it’s going to be a tremendous burden for employers. It’s going to cost millions. It’s not the right approach to get employers to hire veterans because the record keeping is going to be just insane …I really urge you to take a look at that,” Jefferies told the committee.
When Rep. Tim Walz (D-Minn.) asked what else Congress could do to help businesses to hire veterans, Kevin Schmiegel of the U.S. Chamber of Commerce said just “be active on the issue in your communities. I think this is the most non-partisan issue we can possibly be dealing with.”
“You still hold that opinion after how we started this?” quipped Miller.
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