The Achieving a Better Life Experience Act of 2014, or “ABLE Act”, became federal law on December 19, 2014. The ABLE Act authorized states to establish and maintain their own qualified ABLE programs. State Treasurer David H. Lillard, Jr. worked with the Tennessee General Assembly to pass Tennessee’s own ABLE Act, allowing the State Treasurer to establish ABLE TN. The legislation was signed into law by Governor Haslam on May 18, 2015.
The primary purpose of the ABLE Act is to encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life.
An individual, whose blindness or disability occurred on or before the participant’s 26th birthday, may qualify to open an ABLE TN account by meeting one of the following criteria:
1. Is eligible to receive Supplemental Security Income (SSI),
2. Is eligible to receive Social Security Disability Insurance (SSDI), or
3. Has been diagnosed by a qualified physician with a physical or mental disability resulting in marked and severe functional limitations that is expected to last no less than 12 months.
An individual not eligible to receive SSI or SSDI may qualify based upon an impairment found within one of the following lists:
Any written diagnosis used to qualify for an ABLE TN account must be retained by the Designated Beneficiary or the Designated Beneficiary’s Legal Representative and made available to ABLE TN or the IRS upon request.
ABLE TN allows individuals to plan and save for future expenses associated with their disabilities. Interest earned on investments in an ABLE TN account is tax-free as long as the funds are withdrawn to cover the cost of qualified disability expenses.
Additionally, individuals may accumulate up to $100,000 in an ABLE account without impacting eligibility for federal means-tested programs.
During the ABLE TN enrollment process you will have the ability to select from 14 investment options. You may select one or multiple options by simply assigning the percentage of your contributions you would like to allocate to each choice.
You have the ability to change your investment selections each time you contribute, and you may reallocate funds twice (2) per calendar year.
Funds in an ABLE TN account may be re-allocated twice per calendar year. To make a change, simply log into your online account portal, then select and assign the percentage of existing account funds you would like to allocate to each investment choice.
Even though you may only reallocate existing funds twice annually, a participant may select different investment options for each new contribution through a one-time contribution allocation.
A qualified disability expense is one that is related to the designated beneficiary’s blindness or disability.
Each person is unique and the needs of the individual can vary depending on the disability, circumstances and specific treatment. Federal and state laws provide these categories of qualified disability expenses:• Education • Housing • Transportation • Employment • Training and support • Assistive technology • Personal support services • Health, Prevention and Wellness • Financial Management • Administrative Services • Legal fees • Expenses for Oversight and Monitoring • Funeral and burial expenses
Yes. In the event funds from an ABLE TNN account are used for non-qualified expenses, the earnings portion of the funds withdrawn will be treated as income, taxed at the designated beneficiary’s tax rate and subject to a ten percent (10%) federal tax penalty.
Prior to making a non-qualified withdrawal, you should seek advice from an independent tax professional based on your own particular circumstances.
An ABLE TN account will allow individuals with disabilities and their families to save and invest money in preparation for future expenses relating to a disability. Participants will be able to select investment options best suited to their financial needs and benefit from the tax-free earnings and tax-free withdrawals for qualified disability expenses.
ABLE accounts allow up to $14,000 in contributions per calendar year. Additionally, over time beneficiaries may accumulate up to $100,000 in an ABLE TN account without impacting eligibility for benefits available through federal means-tested programs.
The annual contribution limit for any ABLE account is currently set at $14,000. This amount includes contributions by participating individuals, family members and friends. Over time, individuals may accumulate up to $100,000 in an ABLE account without impacting eligibility for benefits available through federal means-tested programs.
Additionally, there is currently a lifetime contribution limit of $350,000 associated with ABLE TN accounts.
Anyone can contribute to an individual’s ABLE TN account, as long as total contributions do not exceed the $14,000 annual contribution limit. Account owners and legal representatives can even invite friends and family to contribute directly to an ABLE TN account through e-gifting links emailed from your account access portal.
Contributions to an account are treated as a completed gift to the designated beneficiary for federal tax purposes.
Contributions into an individual’s ABLE TN account can be made by:
* Electronic Funds Transfer (EFT)
* Automatic Investment Plans (An automatic investment plan gives the account owner and contributors the flexibility to set up recurring contributions from a checking or savings account. Contributors will have the ability to determine the amount and frequency at which they wish to contribute on a recurring basis.)