California 2023 2023-2024 Regular Session

California Assembly Bill AB339 Introduced / Bill

Filed 01/30/2023

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 339Introduced by Assembly Member IrwinJanuary 30, 2023 An act to amend, repeal, and add Section 4875 of the Welfare and Institutions Code, relating to Qualified ABLE Program. LEGISLATIVE COUNSEL'S DIGESTAB 339, as introduced, Irwin. Qualified ABLE Program. Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds for the purpose of supporting eligible individuals with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Under the ABLE Act, an eligible individual for a taxable year is an individual entitled to specified benefits based on blindness or disability or for whom there is a disability certification filed with the Secretary of the Treasury, and such blindness or disability occurred before the date on which the individual attained 26 years of age, or, on and after January 1, 2026, 46 years of age.Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act, and provides the same definition for eligible individual.This bill would, commencing January 1, 2026, revise the definition of eligible individual under the Qualified ABLE Program by increasing the age limit for when an eligible individuals blindness or disability occurred to 46 years of age to conform with federal ABLE Act.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4875 of the Welfare and Institutions Code is amended to read:4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 115-141).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 2. Section 4875 is added to the Welfare and Institutions Code, to read:4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall become operative on January 1, 2026.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 339Introduced by Assembly Member IrwinJanuary 30, 2023 An act to amend, repeal, and add Section 4875 of the Welfare and Institutions Code, relating to Qualified ABLE Program. LEGISLATIVE COUNSEL'S DIGESTAB 339, as introduced, Irwin. Qualified ABLE Program. Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds for the purpose of supporting eligible individuals with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Under the ABLE Act, an eligible individual for a taxable year is an individual entitled to specified benefits based on blindness or disability or for whom there is a disability certification filed with the Secretary of the Treasury, and such blindness or disability occurred before the date on which the individual attained 26 years of age, or, on and after January 1, 2026, 46 years of age.Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act, and provides the same definition for eligible individual.This bill would, commencing January 1, 2026, revise the definition of eligible individual under the Qualified ABLE Program by increasing the age limit for when an eligible individuals blindness or disability occurred to 46 years of age to conform with federal ABLE Act.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 339

Introduced by Assembly Member IrwinJanuary 30, 2023

Introduced by Assembly Member Irwin
January 30, 2023

 An act to amend, repeal, and add Section 4875 of the Welfare and Institutions Code, relating to Qualified ABLE Program. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 339, as introduced, Irwin. Qualified ABLE Program. 

Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds for the purpose of supporting eligible individuals with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Under the ABLE Act, an eligible individual for a taxable year is an individual entitled to specified benefits based on blindness or disability or for whom there is a disability certification filed with the Secretary of the Treasury, and such blindness or disability occurred before the date on which the individual attained 26 years of age, or, on and after January 1, 2026, 46 years of age.Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act, and provides the same definition for eligible individual.This bill would, commencing January 1, 2026, revise the definition of eligible individual under the Qualified ABLE Program by increasing the age limit for when an eligible individuals blindness or disability occurred to 46 years of age to conform with federal ABLE Act.

Existing federal law, the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (ABLE Act), encourages and assists individuals and families to save private funds for the purpose of supporting eligible individuals with disabilities to maintain their health, independence, and quality of life by excluding from gross income distributions used for qualified disability expenses by a beneficiary of a qualified ABLE program established and maintained by a state, as specified. Under the ABLE Act, an eligible individual for a taxable year is an individual entitled to specified benefits based on blindness or disability or for whom there is a disability certification filed with the Secretary of the Treasury, and such blindness or disability occurred before the date on which the individual attained 26 years of age, or, on and after January 1, 2026, 46 years of age.

Existing law establishes the Qualified ABLE Program, administered by the California ABLE Act Board, in this state for purposes of implementing the federal ABLE Act, and provides the same definition for eligible individual.

This bill would, commencing January 1, 2026, revise the definition of eligible individual under the Qualified ABLE Program by increasing the age limit for when an eligible individuals blindness or disability occurred to 46 years of age to conform with federal ABLE Act.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4875 of the Welfare and Institutions Code is amended to read:4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 115-141).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.SEC. 2. Section 4875 is added to the Welfare and Institutions Code, to read:4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall become operative on January 1, 2026.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4875 of the Welfare and Institutions Code is amended to read:4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 115-141).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SECTION 1. Section 4875 of the Welfare and Institutions Code is amended to read:

### SECTION 1.

4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 115-141).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 115-141).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 115-141).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.



4875. For purposes of this chapter:

(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.

(b) Administrative fund means the fund used to administer this chapter.

(c) Board means the California ABLE Act Board established under this chapter.

(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.

(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.

(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.

(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 26 years of age, and during that taxable year either of the following criteria are satisfied:

(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 26 years of age.

(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.

(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 115-141).

(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.

(j) Investment manager means a manager contracted to perform functions delegated by the board.

(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.

(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.

(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.

(n) This section shall remain in effect only until January 1, 2026, and as of that date is repealed.

SEC. 2. Section 4875 is added to the Welfare and Institutions Code, to read:4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall become operative on January 1, 2026.

SEC. 2. Section 4875 is added to the Welfare and Institutions Code, to read:

### SEC. 2.

4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall become operative on January 1, 2026.

4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall become operative on January 1, 2026.

4875. For purposes of this chapter:(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.(b) Administrative fund means the fund used to administer this chapter.(c) Board means the California ABLE Act Board established under this chapter.(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.(j) Investment manager means a manager contracted to perform functions delegated by the board.(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.(n) This section shall become operative on January 1, 2026.



4875. For purposes of this chapter:

(a) ABLE account or account means the account established for and owned by a designated beneficiary pursuant to this chapter for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account.

(b) Administrative fund means the fund used to administer this chapter.

(c) Board means the California ABLE Act Board established under this chapter.

(d) California ABLE Program Trust or ABLE program trust means the trust created pursuant to this chapter.

(e) CalABLE account means an ABLE account that is established within the program established by this chapter and administered by the board.

(f) Designated beneficiary means the eligible individual for whom the ABLE account was established and who is the owner of the account.

(g) Eligible individual means an individual who is eligible under the program for a taxable year if blindness or disability occurred before the date on which the individual attained 46 years of age, and during that taxable year either of the following criteria are satisfied:

(1) The individual is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, and that blindness or disability occurred before the date on which the individual attained 46 years of age.

(2) A disability certification, as defined in the federal ABLE Act, with respect to the individual is filed pursuant to the requirements set forth in the federal ABLE Act.

(h) Federal ABLE Act means the federal Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 (as codified in Section 529A of Title 26 of the United States Code and amended through Public Law 117-328).

(i) Investment management means the functions performed by a manager contracted to perform functions delegated by the board.

(j) Investment manager means a manager contracted to perform functions delegated by the board.

(k) Program fund means the program fund established by this chapter, which shall be held as a separate fund within the California ABLE Program Trust.

(l) Qualified ABLE Program or program means the program established by this chapter to implement the federal ABLE Act pursuant to Section 529A of the Internal Revenue Code.

(m) Qualified disability expenses means any expenses related to the eligible individuals blindness or disability that are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses: 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, which are approved by the Secretary of the Treasury under regulations and consistent with the purposes of the federal ABLE Act.

(n) This section shall become operative on January 1, 2026.