12I.6 Repayment and ownership of payments and investment income — transfer of ownership rights.
1. a. An account owner retains ownership of all contributions made on behalf of a designated beneficiary under a participation agreement up to the date of utilization for payment of qualified disability expenses of the designated beneficiary.
b. All income derived from the investment of the contributions made on behalf of a designated beneficiary shall be considered to be held in trust for the benefit of the designated beneficiary.
2. In the event the trust is terminated prior to payment of qualified disability expenses for the designated beneficiary, the account owner is entitled to a refund of the account owner’s account balance.
3. Any amounts which may be paid to any person or persons pursuant to the Iowa ABLE savings plan trust but which are not listed in this section are owned by the trust.
4. An account owner may transfer ownership rights to another designated beneficiary, including a gift of the ownership rights to a designated beneficiary who is a minor, in accordance with rules adopted by the treasurer of state and the terms of the participation agreement, so long as the transfer would be permitted by section 529A of the Internal Revenue Code.
5. An account owner or designated beneficiary shall not be entitled to utilize any interest in the trust as security for a loan.
2015 Acts, ch 137, §81, 162, 163
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 12I - DISABILITIES EXPENSES SAVINGS PLAN TRUST
Section 12I.1 - Purpose and definitions.
Section 12I.2 - Creation of Iowa ABLE savings plan trust.
Section 12I.3 - Participation agreements for trust.
Section 12I.4 - Program and administrative funds — investment and payment.
Section 12I.5 - Cancellation of agreements.
Section 12I.7 - Reports — annual audited financial report — reports under federal law.
Section 12I.8 - Tax considerations.
Section 12I.9 - Property rights to assets in trust.
Section 12I.10 - Implementation as a contracting state — tax considerations.