20-3-103. Definitions.

20-3-103. Definitions. As used in this chapter: (1) “ABLE account” means an account: (A) Established by an eligible individual; (B) Owned by the eligible individual; and (C) Maintained under this subchapter; (2) “Contracting state” means a state without a qualified ABLE program that has entered into a contract with Arkansas to provide residents of the contracting state access to a qualified ABLE program; (3) “Designated beneficiary” means the eligible individual who established an ABLE account and is the owner of the ABLE account; (4) “Disability certification” means, with respect to an individual, a certification to the satisfaction of the United States Secretary of the Treasury by the individual or the parent or guardian of the individual that: (A) Certifies that: (i)(a)(1) The individual has a medically determinable physical or mental impairment that: (A) Results in marked and severe functional limitations; and (B) Can be expected to result in death; or (2) Has lasted or can be expected to last for a continuous period of not less than twelve (12) months; or (b) The individual is blind within the meaning of § 1614(a)(2) of the Social Security Act; and (ii) The blindness or disability occurred before the individual attained twenty-six (26) years of age; and (B) Includes a copy of the 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; (5) “Eligible individual” means an individual who for a taxable year: (A) Is entitled to benefits based on blindness or disability under Title II or Title XVI of the Social Security Act, 42 U.S.C. § 301 et seq., and the blindness or disability is a preexisting condition that occurred before the date on which the individual attained twenty-six (26) years of age; or (B) Has a disability certification filed with the United States Secretary of the Treasury for the taxable year; (6) “Member of the family” means a brother, sister, stepbrother, or stepsister; (7) “Nonqualified distribution” means a distribution from an ABLE account that is not used to pay a qualified disability expense; and (8) “Qualified disability expense” means an expense related to an eligible individual's blindness or disability that is made for the benefit of the eligible individual who is the designated beneficiary, including without limitation the following expenses: (A) Assistive technology and personal support services; (B) Education; (C) Employment training and support; (D) Expenses for oversight and monitoring; (E) Financial management and administrative services; (F) Funeral and burial expenses; (G) Health, prevention, and wellness expenses; (H) Housing; (I) Legal fees; (J) Transportation; and (K) Other expenses that are adopted by rule and consistent with the purposes of this chapter.