Section 9001 - Additional DefinitionsThe following definitions shall also apply wherever the terms are used throughout this Chapter:
(a) "ABLE Plan" or "Plan" means the qualified ABLE program established and maintained by the State of California, in accordance with Internal Revenue Code section 529A.(b) "Account Owner" means the Eligible Individual for whom the Account is established. The Account Owner is the Designated Beneficiary.(c) "Authorized Legal Representative" means a person or entity who may establish and/or act on behalf of the Account Owner with respect to the Account. Only those individuals or entities who self-certify under penalty of perjury that they are authorized by 26 CFR 1.529A-2(c)(1)(i)(B)-(C) to establish an Account on behalf of an Account Owner are permitted to act as an Authorized Legal Representative.(d) "CFR" means the Code of Federal Regulations.(e) "IRC" means the Internal Revenue Code of 1986, as amended.(f) "Nonqualified Distribution" means a Distribution that is not used for Qualified Disability Expenses or is not a Rollover.(g) "Program Administrator" means the entity chosen by the California ABLE Act Board to provide administration, recordkeeping, and other services to the Plan.(h) "Sibling" has the same definition as 26 CFR 1.529A-1(12).(i) "SSA" means the Social Security Administration.(j) "Tax Regulations" means the federal regulations issued by the U.S. Department of the Treasury and the Internal Revenue Service under IRC section 529A.Cal. Code Regs. Tit. 10, § 9001
Note: Authority cited: Section 4882, Welfare and Institutions Code. Reference: Sections 4875 and 4877, Welfare and Institutions Code; Section 529A, Internal Revenue Code; Pub. L. 113-295, div. B, title I, §103; and Sections 1.529A-0 through 1.529A-8 also issued under 26 United States Code 529A(g), 26 Code of Federal Regulations Section Pt. 1, App. 1.
Note: Authority cited: Section 4882, Welfare and Institutions Code. Reference: Sections 4875 and 4877, Welfare and Institutions Code; and Section 529 A, Internal Revenue Code.
1. New section filed 2-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code section 4882(b); operative 2-21-2017 (Register 2017, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-21-2017 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code section 4882(b); operative 8-21-2017 (Register 2017, No. 34). A Certificate of Compliance must be transmitted to OAL by 11-20-2017 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-21-2017 order transmitted to OAL 8-24-2017 and filed 10-5-2017 (Register 2017, No. 40).
4. Amendment of section and NOTE filed 11-26-2024; operative 1/1/2025 (Register 2024, No. 48).