Oklahoma § 56-4001.1 - Definitions

§ 56-4001.1. Definitions

As used in this act:

1. "ABLE" means achieving a better life experience;

2. "ABLE account" means an individual trust account or savings

account owned by the designated beneficiary of the account and

established to pay qualified disability expenses as prescribed in

this act. Money and assets in the accounts established under the

Oklahoma ABLE program or an ABLE program in any other state shall

not be considered for the purpose of determining eligibility to

receive, or the amount of, any assistance or benefits from local or

state means-tested programs;

3. "Account owner" means a resident of this state, designated

as eligible to be a beneficiary pursuant to Section 529A of the

Internal Revenue Code;

4. "Contracting state" means a state without a qualified ABLE

program of its own, which contracts with another state having such a

program;

5. "Contribution" means any payment directly allocated to an

ABLE account for the benefit of a designated beneficiary;

6. "Designated beneficiary" means:

a.

with respect to an account, the individual who is the

owner of the ABLE account and who either established

the account at a time when he or she was eligible or

who has succeeded the former designated beneficiary in

that capacity,

b.

if the designated beneficiary is not able to exercise

signature authority over his or her ABLE account or

chooses to establish an ABLE account but not exercise

signature authority, references to the designated

beneficiary with respect to his or her actions include

actions by the designated beneficiary's designated

representative under a power of attorney or, if none,

Oklahoma Statutes - Title 56. Poor Persons

a parent or legal guardian of the designated

beneficiary, and

c.

in the case of a change in beneficiaries described in

subsection E of Section 5 of this act, the individual

who is the new beneficiary;

7. "Designated representative" means an individual who is

authorized to act on behalf of the designated beneficiary if the

designated beneficiary is a minor or has a guardian, conservator or

other fiduciary who has been appointed for purposes of managing that

beneficiary's financial affairs;

8. "Disability certification" means, with respect to an

individual, a certification by the individual or the parent or

guardian of the individual that:

a.

the individual has a medically determinable physical

or mental impairment, which results in marked and

severe functional limitations, and which can be

expected to result in death or which has lasted or can

be expected to last for a continuous period of not

less than twelve (12) months, or is blind within the

meaning of Section 1614(a)(2) of the Social Security

Act, and

b.

a copy of the individual's diagnosis relating to the

individual's relevant impairment or impairments,

signed by a physician meeting the criteria of Section

1861(r)(1) of the Social Security Act, can be

provided;

9. "Eligible individual" means, for a taxable year, an

individual who either:

a.

is entitled during that taxable year to benefits based

on blindness or disability under the Social Security

Act, or

b.

is the subject of a disability certification filed for

such taxable year;

10. "Financial institution" means any bank, commercial bank,

national bank, savings bank, savings and loan association, credit

union, insurance company, brokerage firm or other similar entity

that is authorized to do business in this state;

11. "Internal Revenue Code" means the Internal Revenue Code of

1986, as amended;

12. "Program" means the Oklahoma ABLE Savings Plan established

under this act and implemented by the State Treasurer;

13. "Qualified disability expenses" means any expenses related

to the eligible individual's blindness or disability which are made

for the benefit of an eligible individual who is the designated

beneficiary, including education, housing, transportation,

employment training and support, assistive technology and personal

support services, health, prevention and wellness, financial

Oklahoma Statutes - Title 56. Poor Persons

management and administrative expenses, legal fees, expenses for

oversight and monitoring, funeral and burial expenses and other

expenses approved under Section 529A of the Internal Revenue Code;

14. "Qualified withdrawal" means a withdrawal from an account

to pay the qualified disability expenses of the designated

beneficiary of the account, but only if the withdrawal is made in

accordance with this act; and

15. "Partner ABLE program" means a qualified ABLE program

established by another state or consortium of states which the State

Treasurer has contracted or entered into an agreement with to

facilitate access to a qualified ABLE program.

Added by Laws 2016, c. 354, § 2, eff. Jan. 1, 2017.