Senate
File
490
-
Introduced
SENATE
FILE
490
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
SF
439)
(SUCCESSOR
TO
SSB
1210)
A
BILL
FOR
An
Act
creating
an
Iowa
ABLE
savings
plan
trust,
providing
for
1
participation
in
another
state’s
qualified
ABLE
program,
2
providing
deductions
and
exclusions
from
the
individual
3
income
tax
and
inheritance
tax
relating
to
the
trust
or
4
program,
and
including
implementation
and
applicability
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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490
Section
1.
NEW
SECTION
.
12I.1
Purpose
and
definitions.
1
1.
The
general
assembly
finds
that
the
general
welfare
2
and
well-being
of
the
state
are
directly
related
to
the
3
health,
maintenance,
independence,
and
quality
of
life
of
its
4
disabled
residents,
and
that
a
vital
and
valid
public
purpose
5
is
served
by
the
creation
and
implementation
of
programs
that
6
encourage
and
make
possible
savings
to
secure
funding
for
7
disability-related
expenses
on
behalf
of
individuals
with
8
disabilities
that
will
supplement,
but
not
supplant,
other
9
benefits
provided
by
various
federal,
state,
and
private
10
sources.
The
creation
of
the
means
of
encouragement
for
11
citizens
to
invest
in
such
a
program
represents
the
carrying
12
out
of
a
vital
and
valid
public
purpose.
In
order
to
make
13
available
to
the
citizens
of
the
state
an
opportunity
to
fund
14
future
disability-related
expenses
of
individuals,
it
is
15
necessary
that
a
public
trust
be
established
in
which
moneys
16
may
be
invested
for
payment
of
future
disability-related
17
expenses
of
an
individual.
18
2.
As
used
in
this
chapter,
unless
the
context
otherwise
19
requires:
20
a.
“Account
balance
limit”
means
the
maximum
allowable
21
aggregate
balance
of
an
account
established
for
a
designated
22
beneficiary.
Account
earnings,
if
any,
are
included
in
the
23
account
balance
limit.
24
b.
“Account
owner”
means
an
individual
who
enters
into
a
25
participation
agreement
under
this
chapter
for
the
payment
26
of
qualified
disability
expenses
on
behalf
of
a
designated
27
beneficiary.
28
c.
“Contracting
state”
means
the
same
as
defined
in
section
29
529A
of
the
Internal
Revenue
Code.
30
d.
“Designated
beneficiary”
means
an
individual
who
is
a
31
resident
of
this
state
or
a
resident
of
a
contracting
state
and
32
who
meets
the
definition
of
“eligible
individual”
in
section
33
529A
of
the
Internal
Revenue
Code.
34
e.
“Internal
Revenue
Code”
means
the
Internal
Revenue
Code
35
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490
of
1986,
as
amended,
and
regulations
promulgated
thereunder.
1
f.
“Iowa
ABLE
savings
plan
trust”
or
“trust”
means
the
trust
2
created
under
section
12I.2.
3
g.
“Participation
agreement”
means
an
agreement
between
the
4
account
owner
and
the
trust
entered
into
under
this
chapter.
5
h.
“Qualified
ABLE
program
”
means
the
same
as
defined
in
6
section
529A
of
the
Internal
Revenue
Code.
7
i.
“Qualified
disability
expenses”
means
the
same
as
defined
8
in
section
529A
of
the
Internal
Revenue
Code.
9
j.
“Resident”
shall
be
defined
by
rules
adopted
by
the
10
treasurer
of
state.
The
rules
shall
determine
residency
in
11
such
manner
as
may
be
required
or
permitted
under
section
12
529A
of
the
Internal
Revenue
Code,
or,
in
the
absence
of
any
13
guidance
under
federal
law,
as
the
treasurer
of
state
deems
14
advisable
for
the
purpose
of
satisfying
the
requirements
of
15
section
529A
of
the
Internal
Revenue
Code.
16
Sec.
2.
NEW
SECTION
.
12I.2
Creation
of
Iowa
ABLE
savings
17
plan
trust.
18
An
Iowa
ABLE
savings
plan
trust
is
created.
The
treasurer
of
19
state
is
the
trustee
of
the
trust,
and
has
all
powers
necessary
20
to
carry
out
and
effectuate
the
purposes,
objectives,
and
21
provisions
of
this
chapter
pertaining
to
the
trust,
including
22
the
power
to
do
all
of
the
following:
23
1.
Make
and
enter
into
contracts
necessary
for
the
24
administration
of
the
trust
created
under
this
chapter.
25
2.
Enter
into
agreements
with
this
state
or
any
other
26
state,
or
any
federal
or
other
state
agency,
or
other
entity
as
27
required
to
implement
this
chapter.
28
3.
Carry
out
the
duties
and
obligations
of
the
trust
29
pursuant
to
this
chapter.
30
4.
Accept
any
grants,
gifts,
legislative
appropriations,
31
and
other
moneys
from
the
state,
any
unit
of
federal,
state,
or
32
local
government,
or
any
other
person,
firm,
partnership,
or
33
corporation
which
the
treasurer
of
state
shall
deposit
into
the
34
administrative
fund
or
program
fund.
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490
5.
Participate
in
any
federal,
state,
or
local
governmental
1
program
for
the
benefit
of
the
trust.
2
6.
Procure
insurance
against
any
loss
in
connection
with
the
3
property,
assets,
or
activities
of
the
trust.
4
7.
Enter
into
participation
agreements
with
account
owners.
5
8.
Make
payments
to
designated
beneficiaries
pursuant
to
6
participation
agreements.
7
9.
Make
refunds
to
account
owners
upon
the
termination
8
of
participation
agreements,
and
partial
nonqualified
9
distributions
to
account
owners,
pursuant
to
this
chapter
and
10
the
limitations
and
restrictions
set
forth
in
this
chapter.
11
10.
Invest
moneys
from
the
program
fund
in
any
investments
12
that
are
determined
by
the
treasurer
of
state
to
be
13
appropriate.
14
11.
Engage
investment
advisors,
if
necessary,
to
assist
in
15
the
investment
of
trust
assets.
16
12.
Contract
for
goods
and
services
and
engage
personnel
17
as
necessary,
including
consultants,
actuaries,
managers,
18
legal
counsel,
and
auditors
for
the
purpose
of
rendering
19
professional,
managerial,
and
technical
assistance
and
advice
20
to
the
treasurer
of
state
regarding
trust
administration
and
21
operation.
22
13.
Establish,
impose,
and
collect
administrative
fees
23
and
charges
in
connection
with
transactions
of
the
trust,
and
24
provide
for
reasonable
service
charges,
including
penalties
for
25
cancellations
and
late
payments
with
respect
to
participation
26
agreements.
27
14.
Administer
the
funds
of
the
trust.
28
15.
Prepare
and
file
reports
and
notices.
29
16.
Enter
into
agreements
with
contracting
states
to
permit
30
residents
of
the
contracting
state
to
participate
in
the
Iowa
31
ABLE
savings
plan
trust.
32
17.
Adopt
rules
pursuant
to
chapter
17A
for
the
33
administration
of
this
chapter.
34
Sec.
3.
NEW
SECTION
.
12I.3
Participation
agreements
for
35
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490
trust.
1
The
trust
may
enter
into
participation
agreements
with
2
account
owners
pursuant
to
the
following
terms
and
agreements:
3
1.
a.
Unless
otherwise
permitted
under
section
529A
of
the
4
Internal
Revenue
Code,
the
treasurer
of
state
shall
allow
only
5
one
participation
agreement
per
designated
beneficiary.
6
b.
Unless
otherwise
permitted
under
section
529A
of
the
7
Internal
Revenue
Code,
the
account
owner
must
also
be
the
8
designated
beneficiary
of
the
account.
However,
a
trustee
or
9
legal
guardian
may
be
designated
as
custodian
of
an
account
for
10
a
designated
beneficiary
who
is
a
minor
or
who
lacks
capacity
11
to
enter
into
a
participation
agreement
if
such
designation
is
12
not
prohibited
under
section
529A
of
the
Internal
Revenue
Code.
13
c.
The
treasurer
of
state
shall
set
an
annual
contribution
14
limit
and
account
balance
limit
to
maintain
compliance
with
15
section
529A
of
the
Internal
Revenue
Code.
A
contribution
16
shall
not
be
permitted
to
the
extent
it
exceeds
the
annual
17
contribution
limit
or
causes
the
aggregate
balance
of
the
18
account
established
for
the
designated
beneficiary
to
exceed
19
the
applicable
account
balance
limit.
20
d.
The
maximum
amount
that
may
be
deducted
for
Iowa
income
21
tax
purposes
shall
not
exceed
the
maximum
deductible
amount
22
determined
for
the
year
pursuant
to
section
12D.3,
subsection
23
1,
paragraph
“a”
.
This
maximum
amount
applies
per
designated
24
beneficiary
that
is
a
resident
of
this
state
per
year.
25
e.
Participation
agreements
may
be
amended
to
provide
26
for
adjusted
levels
of
contributions
based
upon
changed
27
circumstances
or
changes
in
disability-related
expenses.
28
f.
Any
person
may
make
contributions
pursuant
to
a
29
participation
agreement
on
behalf
of
a
designated
beneficiary
30
under
rules
adopted
by
the
treasurer
of
state.
31
2.
The
execution
of
a
participation
agreement
by
the
trust
32
shall
not
guarantee
in
any
way
that
future
disability-related
33
expenses
will
be
equal
to
projections
and
estimates
provided
by
34
the
trust
or
that
the
account
owner
or
designated
beneficiary
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is
guaranteed
any
of
the
following:
1
a.
A
return
of
principal.
2
b.
A
rate
of
interest
or
other
return
from
the
trust.
3
c.
Payment
of
interest
or
other
return
from
the
trust.
4
3.
a.
A
designated
beneficiary
under
a
participation
5
agreement
may
be
changed
as
permitted
under
rules
adopted
by
6
the
treasurer
of
state
upon
written
request
of
the
account
7
owner
as
long
as
such
change
would
be
permitted
by
section
529A
8
of
the
Internal
Revenue
Code.
9
b.
Participation
agreements
may
otherwise
be
freely
amended
10
throughout
their
terms
in
order
to
enable
account
owners
to
11
increase
or
decrease
the
level
of
participation,
change
the
12
designated
beneficiary,
and
carry
out
similar
matters
as
13
authorized
by
rule.
14
4.
Each
participation
agreement
shall
provide
that
the
15
participation
agreement
may
be
canceled
upon
the
terms
and
16
conditions,
and
upon
payment
of
applicable
fees
and
costs
set
17
forth
and
contained
in
the
rules
adopted
by
the
treasurer
of
18
state.
19
Sec.
4.
NEW
SECTION
.
12I.4
Program
and
administrative
funds
20
——
investment
and
payment.
21
1.
a.
The
treasurer
of
state
shall
segregate
moneys
22
received
by
the
trust
into
two
funds:
the
program
fund
and
the
23
administrative
fund.
24
b.
All
moneys
paid
by
account
owners
or
other
persons
25
on
behalf
of
a
designated
beneficiary
in
connection
with
26
participation
agreements
shall
be
deposited
as
received
into
27
separate
accounts
for
each
designated
beneficiary
within
the
28
program
fund.
29
c.
Contributions
to
the
trust
made
on
behalf
of
designated
30
beneficiaries
may
only
be
made
in
the
form
of
cash.
31
d.
An
account
owner
or
designated
beneficiary
is
32
not
permitted
to
provide
investment
direction
regarding
33
contributions
or
earnings
held
by
the
trust.
34
2.
Moneys
accrued
by
account
owners
in
the
program
fund
35
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490
of
the
trust
may
be
used
for
payments
of
qualified
disability
1
expenses.
2
3.
Moneys
in
the
account
of
a
designated
beneficiary
may
3
be
claimed
by
the
Iowa
Medicaid
program
as
provided
in
section
4
529A(f)
of
the
Internal
Revenue
Code
and
subject
to
limitations
5
imposed
by
the
treasurer
of
state.
6
4.
The
trust
shall
comply
with
Pub.
L.
No.
113-295,
§103,
7
regarding
treatment
of
ABLE
accounts
under
certain
federal
8
programs.
9
Sec.
5.
NEW
SECTION
.
12I.5
Cancellation
of
agreements.
10
An
account
owner
may
cancel
a
participation
agreement
at
11
will.
Upon
cancellation
of
a
participation
agreement,
an
12
account
owner
shall
be
entitled
to
the
return
of
the
account
13
owner’s
account
balance.
14
Sec.
6.
NEW
SECTION
.
12I.6
Repayment
and
ownership
of
15
payments
and
investment
income
——
transfer
of
ownership
rights.
16
1.
a.
An
account
owner
retains
ownership
of
all
17
contributions
made
on
behalf
of
a
designated
beneficiary
under
18
a
participation
agreement
up
to
the
date
of
utilization
for
19
payment
of
qualified
disability
expenses
of
the
designated
20
beneficiary.
21
b.
All
income
derived
from
the
investment
of
the
22
contributions
made
on
behalf
of
a
designated
beneficiary
shall
23
be
considered
to
be
held
in
trust
for
the
benefit
of
the
24
designated
beneficiary.
25
2.
In
the
event
the
trust
is
terminated
prior
to
payment
of
26
qualified
disability
expenses
for
the
designated
beneficiary,
27
the
account
owner
is
entitled
to
a
refund
of
the
account
28
owner’s
account
balance.
29
3.
Any
amounts
which
may
be
paid
to
any
person
or
persons
30
pursuant
to
the
Iowa
ABLE
savings
plan
trust
but
which
are
not
31
listed
in
this
section
are
owned
by
the
trust.
32
4.
An
account
owner
may
transfer
ownership
rights
to
33
another
designated
beneficiary,
including
a
gift
of
the
34
ownership
rights
to
a
designated
beneficiary
who
is
a
minor,
in
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490
accordance
with
rules
adopted
by
the
treasurer
of
state
and
the
1
terms
of
the
participation
agreement,
so
long
as
the
transfer
2
would
be
permitted
by
section
529A
of
the
Internal
Revenue
3
Code.
4
5.
An
account
owner
or
designated
beneficiary
shall
not
be
5
entitled
to
utilize
any
interest
in
the
trust
as
security
for
6
a
loan.
7
Sec.
7.
NEW
SECTION
.
12I.7
Reports
——
annual
audited
8
financial
report
——
reports
under
federal
law.
9
1.
a.
The
treasurer
of
state
shall
submit
an
annual
10
audited
financial
report,
prepared
in
accordance
with
generally
11
accepted
accounting
principles,
on
the
operations
of
the
trust
12
by
November
1
to
the
governor
and
the
general
assembly.
13
b.
The
annual
audit
shall
be
made
either
by
the
auditor
14
of
state
or
by
an
independent
certified
public
accountant
15
designated
by
the
auditor
of
state
and
shall
include
direct
and
16
indirect
costs
attributable
to
the
use
of
outside
consultants,
17
independent
contractors,
and
any
other
persons
who
are
not
18
state
employees.
19
2.
The
annual
audit
shall
be
supplemented
by
all
of
the
20
following
information
prepared
by
the
treasurer
of
state:
21
a.
Any
related
studies
or
evaluations
prepared
in
the
22
preceding
year.
23
b.
A
summary
of
the
benefits
provided
by
the
trust,
24
including
the
number
of
account
owners
and
designated
25
beneficiaries
in
the
trust,
or,
if
the
trust
has
caused
this
26
state
to
become
a
contracting
state
pursuant
to
section
12I.10,
27
a
summary
of
the
benefits
provided
to
Iowa
residents
by
the
28
contracted
qualified
ABLE
program,
including
the
number
of
29
account
owners
and
designated
beneficiaries
in
the
contracted
30
qualified
ABLE
program
who
are
Iowa
residents.
31
c.
Any
other
information
deemed
relevant
by
the
treasurer
of
32
state
in
order
to
make
a
full,
fair,
and
effective
disclosure
33
of
the
operations
of
the
trust
or
the
contracted
qualified
ABLE
34
program
if
applicable.
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3.
The
treasurer
of
state
shall
prepare
and
submit
to
the
1
secretary
of
the
United
States
treasury
or
other
required
party
2
any
reports,
notices,
or
statements
required
under
section
529A
3
of
the
Internal
Revenue
Code.
4
Sec.
8.
NEW
SECTION
.
12I.8
Tax
considerations.
5
1.
For
federal
income
tax
purposes,
the
Iowa
ABLE
savings
6
plan
trust
shall
be
considered
a
qualified
ABLE
program
exempt
7
from
taxation
pursuant
to
section
529A
of
the
Internal
Revenue
8
Code
and
shall
be
operated
so
that
it
meets
the
requirements
of
9
section
529A
of
the
Internal
Revenue
Code.
10
2.
State
income
tax
treatment
of
the
Iowa
ABLE
savings
plan
11
trust
shall
be
as
provided
in
section
422.7,
subsections
34
and
12
34A.
13
3.
State
inheritance
tax
treatment
of
interests
in
Iowa
ABLE
14
savings
plans
shall
be
as
provided
in
section
450.4,
subsection
15
9.
16
Sec.
9.
NEW
SECTION
.
12I.9
Property
rights
to
assets
in
17
trust.
18
1.
The
assets
of
the
trust
shall
at
all
times
be
preserved,
19
invested,
and
expended
solely
and
only
for
the
purposes
of
the
20
trust
and
shall
be
held
in
trust
for
the
account
owners
and
21
designated
beneficiaries.
22
2.
Except
as
provided
in
section
12I.4,
subsection
3,
no
23
property
rights
in
the
trust
shall
exist
in
favor
of
the
state.
24
3.
Except
as
provided
in
section
12I.4,
subsection
3,
the
25
assets
of
the
trust
shall
not
be
transferred
or
used
by
the
26
state
for
any
purposes
other
than
the
purposes
of
the
trust.
27
Sec.
10.
NEW
SECTION
.
12I.10
Implementation
as
a
28
contracting
state
——
tax
considerations.
29
1.
The
general
assembly
acknowledges
that
section
529A
of
30
the
Internal
Revenue
Code
permits
access
to
qualified
ABLE
31
programs
by
residents
of
a
state
without
such
a
program.
The
32
general
assembly
finds
that
becoming
a
contracting
state
may
33
accomplish
the
public
purpose
set
forth
in
section
12I.1,
34
subsection
1,
in
the
same
manner
as
if
the
qualified
ABLE
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program
under
the
Iowa
ABLE
savings
plan
trust
were
to
be
1
implemented
and
administered
by
this
state.
To
that
end,
2
the
treasurer
of
state,
as
trustee
of
the
trust,
may
defer
3
implementation
of
the
qualified
ABLE
program
under
the
trust
4
and
alternatively
cause
this
state
to
become
a
contracting
5
state
by
entering
into
an
agreement
with
another
state
with
a
6
qualified
ABLE
program
to
provide
Iowa
residents
access
to
that
7
state’s
qualified
ABLE
program.
The
trust
shall
not
enter
into
8
an
agreement
pursuant
to
this
section
unless
the
treasurer,
9
as
trustee
of
the
trust,
determines
that
all
of
the
following
10
requirements
are
satisfied:
11
a.
The
program
is
a
qualified
ABLE
program.
12
b.
The
qualified
ABLE
program
provides
comparable
benefits
13
and
protections
to
Iowa
residents
as
would
be
provided
under
14
the
Iowa
ABLE
savings
plan
trust.
15
c.
That
entering
into
an
agreement
for
access
to
the
16
qualified
ABLE
program
would
not
result
in
increased
costs
to
17
the
state
or
to
account
owners
and
designated
beneficiaries
as
18
compared
to
the
costs
of
implementing
and
administering
the
19
qualified
ABLE
program
under
the
Iowa
ABLE
savings
plan
trust.
20
d.
The
qualified
ABLE
program
will
be
audited
annually
by
21
an
independent
certified
public
accountant
or
by
the
state
22
auditor,
or
similar
public
official,
of
the
state
that
has
23
implemented
the
qualified
ABLE
program.
24
e.
The
qualified
ABLE
program
will
provide
information
to
25
the
treasurer
of
state
as
trustee
of
the
trust
so
as
to
allow
26
the
trustee
to
fulfill
the
reporting
requirements
in
section
27
12I.7.
28
2.
a.
The
maximum
amount
that
may
be
deducted
for
Iowa
29
income
tax
purposes
for
contributions
to
the
qualified
ABLE
30
program
with
which
the
state
has
contracted
pursuant
to
31
this
section
shall
not
exceed
the
maximum
deductible
amount
32
determined
for
the
year
pursuant
to
section
12D.3,
subsection
33
1,
paragraph
“a”
.
This
maximum
amount
applies
per
designated
34
beneficiary
that
is
a
resident
of
this
state
per
year.
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b.
State
income
tax
treatment
of
the
qualified
ABLE
program
1
with
which
the
state
has
contracted
pursuant
to
this
section
2
shall
be
as
provided
in
section
422.7,
subsections
34
and
34A.
3
3.
State
inheritance
tax
treatment
of
interests
in
the
4
qualified
ABLE
program
with
which
the
state
has
contracted
5
pursuant
to
this
section
shall
be
as
provided
in
section
450.4,
6
subsection
9.
7
Sec.
11.
NEW
SECTION
.
12I.11
Construction.
8
This
chapter
shall
be
construed
liberally
in
order
to
9
effectuate
its
purpose.
10
Sec.
12.
Section
422.7,
Code
2015,
is
amended
by
adding
the
11
following
new
subsections:
12
NEW
SUBSECTION
.
34.
a.
Subtract
the
amount
contributed
13
during
the
tax
year
on
behalf
of
a
designated
beneficiary
14
that
is
a
resident
of
this
state
to
the
Iowa
ABLE
savings
15
plan
trust
or
to
the
qualified
ABLE
program
with
which
the
16
state
has
contracted
pursuant
to
section
12I.10,
not
to
exceed
17
the
maximum
contribution
level
established
in
section
12I.3,
18
subsection
1,
paragraph
“d”
,
or
section
12I.10,
subsection
2,
19
paragraph
“a”
,
as
applicable.
20
b.
Add
the
amount
resulting
from
the
cancellation
of
a
21
participation
agreement
refunded
to
the
taxpayer
as
an
account
22
owner
in
the
Iowa
ABLE
savings
plan
trust
or
the
qualified
23
ABLE
program
with
which
the
state
has
contracted
pursuant
to
24
section
12I.10
to
the
extent
previously
deducted
pursuant
25
to
this
subsection
by
the
taxpayer
or
any
other
person
as
a
26
contribution
to
the
trust
or
qualified
ABLE
program.
27
c.
Add
the
amount
resulting
from
a
withdrawal
made
by
a
28
taxpayer
from
the
Iowa
ABLE
savings
plan
trust
or
the
qualified
29
ABLE
program
with
which
the
state
has
contracted
pursuant
to
30
section
12I.10
for
purposes
other
than
the
payment
of
qualified
31
disability
expenses
to
the
extent
previously
deducted
pursuant
32
to
this
subsection
by
the
taxpayer
or
any
other
person
as
a
33
contribution
to
the
trust
or
qualified
ABLE
program.
34
NEW
SUBSECTION
.
34A.
Subtract,
to
the
extent
included,
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income
from
interest
and
earnings
received
from
the
Iowa
ABLE
1
savings
plan
trust
created
in
chapter
12I,
or
received
by
a
2
resident
account
owner
from
a
qualified
ABLE
program
with
which
3
the
state
has
contracted
pursuant
to
section
12I.10.
4
Sec.
13.
Section
450.4,
Code
2015,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
9.
On
the
value
of
any
interest
in
the
Iowa
7
ABLE
savings
plan
trust
created
in
chapter
12I,
or
any
interest
8
held
by
a
resident
account
owner
in
a
qualified
ABLE
program
9
with
which
the
state
has
contracted
pursuant
to
section
12I.10.
10
Sec.
14.
CONTINGENT
IMPLEMENTATION.
The
implementation
of
11
this
chapter
is
subject
to
an
appropriation
with
the
stated
12
purpose
of
the
Iowa
ABLE
Savings
Plan
Trust.
13
Sec.
15.
APPLICABILITY.
The
section
of
this
Act
amending
14
section
450.4
applies
to
estates
of
decedents
dying
on
or
after
15
January
1,
2016.
16
Sec.
16.
APPLICABILITY.
The
section
of
this
Act
amending
17
section
422.7
applies
to
tax
years
beginning
on
or
after
18
January
1,
2016.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
creates
an
Iowa
ABLE
(Achieving
A
Better
Life
23
Experience)
savings
plan
trust
and
provides
for
various
Iowa
24
individual
income
tax
and
inheritance
tax
benefits.
25
BACKGROUND.
On
December
19,
2014,
the
federal
Achieving
26
A
Better
Life
Experience
Act
of
2014
(ABLE
Act)
was
enacted
27
as
part
of
the
federal
Tax
Increase
Prevention
Act
of
2014
28
(Pub.
L.
No.
113-295).
The
ABLE
Act
allows
states
to
create
29
programs
to
assist
individuals
in
saving
private
funds
for
30
the
purpose
of
supporting
individuals
with
disabilities.
31
Qualifying
state
programs
will
allow
for
the
establishment
32
of
accounts
into
which
eligible
disabled
individuals
or
33
others
may
make
contributions
for
the
payment
of
future
34
disability-related
expenses
of
the
eligible
disabled
35
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individual.
Funds
and
earnings
in
accounts
established
1
under
qualifying
state
programs
are
afforded
federal
benefits
2
in
certain
circumstances,
including
federal
tax
exemption,
3
bankruptcy
protection,
and
exclusion
from
consideration
under
4
certain
means-tested
programs,
such
as
Medicaid
or
supplemental
5
security
income.
6
IOWA
ABLE
SAVINGS
PLAN
TRUST.
The
bill
creates
the
Iowa
7
ABLE
savings
plan
trust
(trust)
under
the
treasurer
of
state
8
(state
treasurer)
that
will
meet
the
requirements
of
§529A
of
9
the
Internal
Revenue
Code
(federal
ABLE
program).
The
state
10
treasurer
is
the
trustee
of
the
trust
and
has
numerous
powers,
11
as
specified
in
the
bill,
for
the
purpose
of
carrying
out
the
12
purpose
of
the
trust.
13
The
trust
is
authorized
to
enter
into
participation
14
agreements
with
individuals
for
the
payment
of
future
qualified
15
disability
expenses,
and
to
enter
into
contracts
with
other
16
states
(contracting
state)
to
allow
these
states’
residents
17
access
to
the
Iowa
ABLE
program.
“Qualified
disability
18
expenses”
means
the
same
as
defined
under
the
federal
ABLE
19
program,
which
generally
defines
the
term
to
include
expenses
20
related
to
a
designated
beneficiary’s
education,
housing,
21
transportation,
employment
training
and
support,
assistive
22
technology
and
personal
support
services,
health,
prevention
23
and
wellness,
financial
management
and
administrative
services,
24
legal
fees,
expenses
for
oversight
and
monitoring,
funeral
and
25
burial
expenses,
and
other
expenses
approved
by
the
secretary
26
of
the
United
States
treasury
(secretary).
27
Unless
otherwise
allowed
under
the
federal
ABLE
program,
28
the
person
with
whom
the
state
treasurer
enters
into
a
29
participation
agreement
must
be
both
the
account
owner
and
30
designated
beneficiary.
However,
the
bill
allows
a
trustee
31
or
legal
guardian
to
be
designated
as
custodian
of
an
account
32
for
a
designated
beneficiary
who
is
a
minor
or
who
lacks
33
capacity
to
enter
into
a
participation
agreement,
provided
such
34
designation
would
be
allowed
under
the
federal
ABLE
program.
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“Designated
beneficiary”
is
defined
in
the
bill
as
a
person
who
1
is
a
resident
of
Iowa
or
a
contracting
state
and
who
qualifies
2
as
an
eligible
individual
under
the
federal
ABLE
program,
which
3
includes
individuals
who
are
entitled
to
benefits
based
on
4
blindness
or
disability
under
Title
II
(disability
insurance)
5
or
Title
XVI
(supplemental
security
income)
of
the
federal
6
Social
Security
Act
if
such
blindness
or
disability
occurred
7
before
attaining
26
years
of
age,
and
if
such
individual
files
8
a
disability
certification
with
the
secretary.
9
The
bill
requires
the
state
treasurer
to
maintain
a
separate
10
account
in
the
trust
for
each
designated
beneficiary
of
a
11
participation
agreement.
Unless
otherwise
allowed
under
the
12
federal
ABLE
program,
only
one
participation
agreement
shall
be
13
allowed
per
designated
beneficiary.
Any
person
is
allowed
to
14
make
contributions
in
the
form
of
cash
to
an
account
on
behalf
15
of
a
designated
beneficiary.
The
trust
is
required
to
maintain
16
limits
on
the
annual
contributions
to
an
account,
and
the
17
aggregate
balance
in
an
account,
matching
those
set
forth
in
18
the
federal
ABLE
program,
which
prohibits
annual
contributions
19
to
an
account
from
exceeding
the
annual
gift
tax
exclusion
20
amount
($14,000
for
2015),
and
prohibits
an
aggregate
account
21
balance
from
exceeding
the
limit
set
by
a
state
under
its
22
qualified
tuition
program
(currently
$320,000
for
Iowa).
23
The
bill
also
permits
the
treasurer
of
state
to
defer
24
implementation
of
the
Iowa
ABLE
program
and
alternatively
enter
25
into
an
agreement
with
another
state’s
qualified
ABLE
program
26
to
provide
Iowa
residents
access
to
that
state’s
program,
if
27
certain
requirements
specified
in
the
bill
are
satisfied.
28
The
bill
provides
other
various
terms
and
conditions
for
29
participation
agreements,
use
and
segregation
of
trust
funds,
30
cancellation
of
agreements
and
refund
of
account
balances,
31
and
ownership
rights
in
the
trust.
The
bill
provides
that
an
32
account
may
be
claimed
by
the
Iowa
Medicaid
program
upon
the
33
death
of
the
designated
beneficiary,
in
accordance
with
the
34
federal
ABLE
program.
The
bill
requires
the
state
treasurer
to
35
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prepare
and
submit
audited
financial
reports
to
the
governor
1
and
general
assembly,
and
further
requires
the
state
treasurer
2
to
comply
with
any
reporting
requirements
of
the
federal
ABLE
3
program.
The
bill
applies
to
qualified
disability
expenses
4
incurred
on
or
after
July
1,
2015.
5
IOWA
TAX
BENEFITS.
The
bill
provides
several
tax
benefits
6
under
the
trust.
First,
the
value
of
any
interest
in
the
7
trust
or
other
contracted
state’s
qualified
ABLE
program
8
of
a
decedent
who
was
an
Iowa
resident
dying
on
or
after
9
January
1,
2016,
is
excluded
from
the
Iowa
inheritance
tax.
10
Second,
contributions
to
the
trust
or
other
contracted
state’s
11
qualified
ABLE
program
made
on
or
after
January
1,
2016,
on
12
behalf
of
a
designated
beneficiary
who
is
an
Iowa
resident
13
are
deductible
from
the
Iowa
individual
income
tax
up
to
the
14
maximum
amount
allowed
per
beneficiary
per
year
for
purposes
15
of
the
Iowa
educational
savings
plan
trust
in
Code
chapter
16
12D.
For
2015,
that
amount
is
set
at
$3,163.
Any
amounts
17
refunded
to
a
taxpayer
from
the
cancellation
of
a
participation
18
agreement
or
that
are
withdrawn
for
purposes
other
than
the
19
payment
of
qualified
disability
expenses
of
the
designated
20
beneficiary
must
be
included
in
Iowa
net
income
to
the
extent
21
they
were
previously
deducted
by
the
taxpayer
or
any
other
22
person
as
a
contribution.
Third,
income
and
earnings
from
the
23
trust
or
received
by
resident
account
owners
from
a
contracted
24
state’s
qualified
ABLE
program
are
exempt
from
the
Iowa
25
individual
income
tax.
The
individual
income
tax
benefits
26
apply
to
tax
years
beginning
on
or
after
January
1,
2016.
27
CONTINGENT
IMPLEMENTATION.
The
implementation
of
the
bill
28
is
subject
to
an
appropriation
with
the
purpose
of
the
trust
29
stated.
30
-14-
LSB
1660SZ
(2)
86
mm/sc
14/
14