§3083. ABLE account program; creation; purpose; legislative intent
A. The ABLE account program is hereby created and shall be administered by the
authority to encourage and assist individuals and families in saving private funds for the
purpose of supporting persons with disabilities in endeavors to maintain health,
independence, and quality of life. The authority shall administer the program in consultation
with the advisory council.
B. The purposes of the program include all of the following:
(1) To pay qualified disability expenses so that persons with disabilities may
maintain health, independence, and quality of life.
(2) To provide secure funding for disability-related expenses on behalf of designated
beneficiaries that will supplement, but not supplant, benefits provided through private
insurance, the medical assistance program administered by this state in accordance with Title
XIX of the Social Security Act, the supplemental security income program under Title XVI
of such Act, the beneficiary's employment, and other sources.
(3) To comply fully with all provisions of the ABLE Act and all regulations issued
pursuant thereto.
C.(1) It is the intention of the legislature that the program shall be a qualified ABLE
program as defined in Section 529A of the federal Internal Revenue Code, as amended. Any
provision of this Chapter determined to be in conflict with any requirement of the Internal
Revenue Code as applicable to a qualified ABLE program shall be superseded by such code
provision to the extent necessary to assure that the program continues to meet requirements
for tax-advantaged status in accordance with the code's definition of a qualified ABLE
program.
(2) Any requirement of this Chapter determined to be more restrictive than the
requirements of the federal Internal Revenue Code as applicable to a qualified ABLE
program may be modified by the authority through rules promulgated in accordance with the
Administrative Procedure Act to conform with code requirements.
Acts 2016, No. 604, §1.