(a) The director shall implement and administer the program under the terms and conditions established by this chapter and in conformity with federal law including the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014, Division B of P.L. 113-295, as it may be amended. The director shall have the authority and responsibility to:

Terms Used In Hawaii Revised Statutes 256B-3

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Contract: A legal written agreement that becomes binding when signed.
  • Director: means the director of finance. See Hawaii Revised Statutes 256B-1
  • Financial organization: means an organization authorized to do business in the State that is:

    (1) Licensed or chartered by the insurance commissioner;

    (2) Licensed or chartered by the commissioner of financial institutions;

    (3) Chartered by an agency of the federal government; or

    (4) Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission. See Hawaii Revised Statutes 256B-1

  • Program: means the Hawaii ABLE savings program established under this chapter. See Hawaii Revised Statutes 256B-1
  • Secretary: means the Secretary of the United States Department of the Treasury. See Hawaii Revised Statutes 256B-1
(1) Develop and implement the program in a manner consistent with this chapter;
(2) Engage the services of consultants on a contract basis for rendering professional and technical assistance and advice;
(3) Seek rulings and other guidance from the Secretary and the Internal Revenue Service relating to the program;
(4) Make any changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529A of the Internal Revenue Code of 1986, as amended;
(5) Charge, impose, and collect administrative fees and service charges in connection with any agreement, contract, or transaction relating to the program;
(6) Develop marketing plans and promotional material;
(7) Establish the methods by which the funds held in accounts shall be dispersed;
(8) Establish the method by which funds shall be allocated to pay for administrative costs;
(9) Conduct an annual evaluation of the program and prepare an annual report of the evaluation to be submitted to the governor and the legislature;
(10) Notify the Secretary when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the Secretary;
(11) Do all things necessary and proper to carry out the purposes of this chapter; and
(12) Adopt rules pursuant to chapter 91 as necessary for the purposes of this chapter.
(b) The director may enter into agreements with other states to either allow residents of the State to participate in a comparable program operated by another state or allow residents of other states to participate in the Hawaii ABLE savings program.
(c) The director may implement the program through use of financial organizations as account depositories and managers. The director may solicit proposals from financial organizations to act as depositories and managers of the program. Financial organizations that submit proposals shall describe the investment instruments which will be held in accounts. The director may select more than one financial organization and investment instrument for the program. The director shall select as program depositories and managers the financial organization or organizations, from among the bidding financial organizations, that demonstrate the most advantageous combination, both to potential program participants and the State, of the following factors:

(1) Financial stability and integrity of the financial organization;
(2) The safety of the investment instrument being offered;
(3) The ability of the financial organization to satisfy recordkeeping and reporting requirements;
(4) The financial organization’s plan for promoting the program and the investment the organization is willing to make to promote the program;
(5) The fees, if any, proposed to be charged to the account owners;
(6) The minimum initial deposit and minimum contributions that the financial organization will require;
(7) The ability of the financial organization to accept electronic withdrawals, including payroll deduction plans; and
(8) Other benefits to the State or its residents included in the proposal, including fees payable to the State to cover expenses of operation of the program.
(d) The director may enter into contracts and agreements with a financial organization or organizations necessary to implement this chapter.

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