30-9-5. Georgia ABLE Program established for participants to make contributions to accounts for purpose of meeting qualified disability expenses of designated beneficiary.

The board shall be authorized to establish a Georgia ABLE Program under which a person may make contributions for a taxable year, for the benefit of an eligible individual, to an ABLE account established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the ABLE account. Any such program shall be administered by the corporation. Contributions and investment earnings on the contributions may be used for any qualified disability expenses of the designated beneficiary. Only one ABLE account may be established for any eligible individual.#

In addition to or in lieu of establishing a Georgia ABLE Program pursuant to subsection (a) of this Code section, the corporation may:#

1. (1)

   Enter into an agreement with another state which allows the residents of such state to participate under the Georgia ABLE Program;#

2. (2)

   Enter into an agreement with one or more states or a consortium of states that has a qualified ABLE program to allow residents of this state to participate in the qualified ABLE program of such other state, states, or consortium; or#

3. (3)

   Facilitate or otherwise provide access to allow residents of this state to participate in qualified ABLE programs operated by other states.#

If a Georgia ABLE Program is established pursuant to subsection (a) of this Code section, it shall continue in existence until terminated by law. If the state determines that the program is financially infeasible, the state may terminate the program. Upon termination, amounts in the trust fund held for each designated beneficiary shall be returned in accordance with the participation agreement.#

The state pledges to the designated beneficiaries that the state will not limit or alter their rights under this Code section which are vested in the Georgia ABLE Program until the program’s obligations are met and discharged. However, this subsection shall not preclude such limitation or alteration if adequate provision is made by law for the protection of the designated beneficiaries pursuant to the obligations of the corporation and does not preclude termination of the program pursuant to subsection (c) of this Code section.#