As used in this part, unless the context otherwise requires:

(1) “Account” means an account established by; owned by; and for the benefit of an eligible individual, who is also the designated beneficiary on the account, and maintained under a qualified ABLE program for payment of the eligible individual’s qualified disability expenses, as provided in this part;

Terms Used In Tennessee Code 71-4-803

  • Account: means an account established by. See Tennessee Code 71-4-803
  • 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
  • Code: means §. See Tennessee Code 71-4-803
  • Contract: A legal written agreement that becomes binding when signed.
  • Contracting state: means a state without a qualified ABLE program that has entered into a contract with a state with a qualified ABLE program to provide residents of the contracting state access to a qualified ABLE program. See Tennessee Code 71-4-803
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Designated beneficiary: means the eligible individual who has established and owns an ABLE account, and for whose benefit the account has been established. See Tennessee Code 71-4-803
  • Disability certification: means a certification acceptable to the United States department of treasury made by the eligible individual or the eligible individual's parent or guardian certifying that the eligible individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that 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 §. See Tennessee Code 71-4-803
  • Eligible individual: means an individual who is entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act (42 U. See Tennessee Code 71-4-803
  • Fiduciary: A trustee, executor, or administrator.
  • Funeral and burial expenses: includes , but is not limited to, the cost of preparing the body for burial or other disposition, the funeral service, any funeral merchandise, flowers, honoraria, acknowledgment cards, postage, transporting the body to the place of burial or disposition, the burial space, crypt, mausoleum or other final resting place, the opening and closing thereof and any marker. See Tennessee Code 1-3-105
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • program: means the ABLE program that is a qualified program pursuant to and in compliance with the code, and that is created pursuant to this part. See Tennessee Code 71-4-803
  • Qualified disability expenses: means any expenses related to the eligible individual's blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary. See Tennessee Code 71-4-803
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • State: means the state of Tennessee. See Tennessee Code 71-4-803
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) “Code” means § 529A of the Internal Revenue Code of 1986 (26 U.S.C. § 529A), as amended, and all rules, regulations, notices, and interpretations released by the United States treasury, including the internal revenue service;
(3) “Contracting state” means a state without a qualified ABLE program that has entered into a contract with a state with a qualified ABLE program to provide residents of the contracting state access to a qualified ABLE program;
(4) “Designated beneficiary” means the eligible individual who has established and owns an ABLE account, and for whose benefit the account has been established;
(5) “Disability certification” means a certification acceptable to the United States department of treasury made by the eligible individual or the eligible individual’s parent or guardian certifying that the eligible individual has a medically determinable physical or mental impairment that results in marked and severe functional limitations and that can be expected to result in death or that 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 § 1614(a)(2) of the Social Security Act (42 U.S.C. § 1382c(a)(2)) ; and such blindness or disability occurred before the individual attained the age of twenty-six (26); and including a copy of the eligible individual’s diagnosis relating to the individual’s relevant impairment or impairments, signed by a physician meeting the criteria of § 1861(r)(1) of the Social Security Act (42 U.S.C. § 1395x(r)(1)) ;
(6) “Eligible individual” means an individual who is entitled to benefits based on blindness or disability under title II or XVI of the Social Security Act (42 U.S.C. §§ 401–425 and 42 U.S.C. § 1381 et seq.), and such blindness or disability occurred before the individual attained age twenty-six (26), or a disability certification for the individual was filed with the United States department of the treasury. The eligible individual is the account owner and the designated beneficiary on the account;
(7) “Legal representative” means an individual who or entity that can act on behalf of an eligible individual for the purpose of establishing, maintaining, transacting, and terminating an account, including, but not limited to, a parent, conservator, guardian, custodian, fiduciary, trustee, or individual or entity with a power of attorney;
(8) “Person” means an individual, association, corporation, trust, charitable organization, or other such entity;
(9) “Qualified ABLE program” or “program” means the ABLE program that is a qualified program pursuant to and in compliance with the code, and that is created pursuant to this part;
(10) “Qualified disability expenses” means any expenses related to the eligible individual’s blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary. Qualified disability expenses include the following: education; housing; transportation; employment training and support; assistive technology and personal support services; health; prevention and wellness; financial management and administrative services; legal fees; expenses for oversight and monitoring; funeral and burial expenses; and other expenses approved by federal rules and regulations; and
(11) “State” means the state of Tennessee.
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