12I.1 Purpose and definitions. 1. The general assembly finds that the general welfare and well-being of the state are directly related to the health, maintenance, independence, and quality of life of its disabled residents, and that a vital and valid public purpose is served by the creation and implementation of programs that encourage and make […]
12I.10 Implementation as a contracting state — tax considerations. 1. The general assembly acknowledges that section 529A of the Internal Revenue Code permits access to qualified ABLE programs by residents of a state without such a program. The general assembly finds that becoming a contracting state may accomplish the public purpose set forth in section […]
12I.11 Construction. This chapter shall be construed liberally in order to effectuate its purpose. 2015 Acts, ch 137, §86, 162, 163
12I.2 Creation of Iowa ABLE savings plan trust. An Iowa ABLE savings plan trust is created. The treasurer of state is the trustee of the trust, and has all powers necessary to carry out and effectuate the purposes, objectives, and provisions of this chapter pertaining to the trust, including the power to do all of […]
12I.3 Participation agreements for trust. On or after July 1, 2016, the trust may enter into participation agreements pursuant to the following terms and agreements: 1. a. Unless otherwise permitted under section 529A of the Internal Revenue Code, the treasurer of state shall allow only one participation agreement per designated beneficiary. b. Unless otherwise permitted […]
12I.4 Program and administrative funds — investment and payment. 1. a. The treasurer of state shall segregate moneys received by the trust into two funds: the program fund and the administrative fund. b. All moneys paid by account owners or other persons on behalf of a designated beneficiary in connection with participation agreements shall be […]
12I.5 Cancellation of agreements. An account owner may cancel a participation agreement at will. Upon cancellation of a participation agreement, an account owner shall be entitled to the return of the account owner’s account balance. 2015 Acts, ch 137, §80, 162, 163
12I.6 Repayment and ownership of payments and investment income — transfer of ownership rights. 1. a. An account owner retains ownership of all contributions made on behalf of a designated beneficiary under a participation agreement up to the date of utilization for payment of qualified disability expenses of the designated beneficiary. b. All income derived […]
12I.7 Reports — annual audited financial report — reports under federal law. 1. a. The treasurer of state shall submit an annual audited financial report, prepared in accordance with generally accepted accounting principles, on the operations of the trust by November 1 to the governor and the general assembly. b. The annual audit shall be […]
12I.8 Tax considerations. 1. For federal income tax purposes, the Iowa ABLE savings plan trust shall be considered a qualified ABLE program exempt from taxation pursuant to section 529A of the Internal Revenue Code and shall be operated so that it meets the requirements of section 529A of the Internal Revenue Code. 2. State income […]
12I.9 Property rights to assets in trust. 1. The assets of the trust shall at all times be preserved, invested, and expended solely and only for the purposes of the trust and shall be held in trust for the account owners and designated beneficiaries. 2. Except as provided in section 12I.4, subsection 3, no property […]
