§ 47–4902. ABLE Program Trust.

(a)(1) In accordance with the Federal ABLE Act, there is established a qualified ABLE program, to be known as the ABLE Program Trust, that shall be established as a trust, which shall authorize an eligible individual to create an ABLE account to enable the eligible individual to benefit from the tax incentives provided under the Federal ABLE Act.

(2)(A) The Chief Financial Officer, or the CFO’s designee, shall serve as the trustee of the Trust.

(B) The Trust shall receive and hold all payments and contributions received from any public or private source, and the earnings on those payments and contributions, including:

(i) Gifts;

(ii) Bequests;

(iii) Endowments;

(iv) Federal and local grants; and

(v) Any other funds intended for the Trust.

(C) All deposits, and earnings on those deposits, held in the Trust shall constitute assets of the Trust and shall not be commingled with or revert to the General Fund of the District of Columbia or any special, emergency, or temporary fund of the District of Columbia at the end of any fiscal year or at any other time.

(D) The Trust shall continue in existence as long as it holds any payments, contributions, or other funds or has any obligations and until its existence is terminated by law.

(b) An eligible individual who seeks to save money for the payment of qualified disability expenses of a designated beneficiary may establish an ABLE account and shall enter into an ABLE Account Savings Agreement with the Trust.

(c) The Chief Financial Officer shall take the action necessary to implement the ABLE Program Trust, promulgate regulations, and enter into ABLE Account Savings Agreements.

(Feb. 2, 2016, D.C. Law 21-61, § 2(b), 62 DCR 15281.)

Emergency Legislation

For temporary (90 days) addition of § 47-4811.01, concerning the ABLE Program Trust [see now § 47-4902], see § 2(c) of the ABLE Program Trust Establishment Emergency Act of 2015 (D.C. Act 21-161, Oct. 19, 2015, 62 DCR 13725).

For temporary (90 days) addition of this section, see § 2 of the ABLE Program Trust Establishment Congressional Review Emergency Act of 2016 (D.C. Act 21-279, Jan. 27, 2016, 63 DCR 1173).

Temporary Legislation

For temporary (225 days) addition of this section, see § 2 of the ABLE Program Trust Establishment Temporary Act of 2015 (D.C. Law 21-47, Jan. 9, 2016, 62 DCR 13993).