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Illinois General Assembly· HB 3500Governor Approved

ABLE ACCOUNT PROGRAM INFO, the official text

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HB3500 Enrolled                     LRB104 10352 KTG 20426 b

1   AN ACT concerning children.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 1. The Statute on Statutes is amended by adding

5 Section 1.46 as follows:

6   (5 ILCS 70/1.46 new)

7   Sec. 1.46. References to the ABLE account. Except where

8 the context indicates otherwise, a reference in any Act to the

9 Achieving a Better Life Experience (ABLE) account program or a

10 similar reference shall be considered to be a reference to the

11 Illinois Achieving a Better Life Experience (ABLE) account

12 program.

13  Section 5. The State Treasurer Act is amended by changing

14 Sections 16.5 and 16.6 as follows:

15  (15 ILCS 505/16.5)

16  Sec. 16.5. College Savings Pool.

17  (a) Definitions. As used in this Section:

18  "Account owner" means any person or entity who has opened

19 an account or to whom ownership of an account has been

20 transferred, as allowed by the Internal Revenue Code, and who

21 has authority to withdraw funds, direct withdrawal of funds,
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1 change the designated beneficiary, or otherwise exercise

2 control over an account in the College Savings Pool.

3   "Donor" means any person or entity who makes contributions

4 to an account in the College Savings Pool.

5   "Designated beneficiary" means any individual designated

6 as the beneficiary of an account in the College Savings Pool by

7 an account owner. A designated beneficiary must have a valid

8 social security number or taxpayer identification number. In

9 the case of an account established as part of a scholarship

10 program permitted under Section 529 of the Internal Revenue

11 Code, the designated beneficiary is any individual receiving

12 benefits accumulated in the account as a scholarship.

13  "Eligible educational institution" means public and

14 private colleges, junior colleges, graduate schools, and

15 certain vocational institutions that are described in Section

16 1001 of the Higher Education Resource and Student Assistance

17 Chapter of Title 20 of the United States Code (20 U.S.C. 1001)

18 and that are eligible to participate in Department of

19 Education student aid programs.

20  "Member of the family" has the same meaning ascribed to

21 that term under Section 529 of the Internal Revenue Code.

22  "Nonqualified withdrawal" means a distribution from an

23 account other than a distribution that (i) is used for the

24 qualified expenses of the designated beneficiary; (ii) results

25 from the beneficiary's death or disability; (iii) is a

26 rollover to another account in the College Savings Pool; (iv)
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1 is a rollover to an Illinois ABLE account, as defined in

2 Section 16.6 of this Act, or any distribution that, within 60

3 days after such distribution, is transferred to an Illinois

4 ABLE account of the designated beneficiary or a member of the

5 family of the designated beneficiary to the extent that the

6 distribution, when added to all other contributions made to

7 the Illinois ABLE account for the taxable year, does not

8 exceed the limitation under Section 529A(b) of the Internal

9 Revenue Code; or (v) is a rollover to a Roth IRA account to the

10 extent permitted by Section 529 of the Internal Revenue Code.

11  "Qualified expenses" means: (i) tuition, fees, and the

12 costs of books, supplies, and equipment required for

13 enrollment or attendance at an eligible educational

14 institution; (ii) expenses for special needs services, in the

15 case of a special needs beneficiary, which are incurred in

16 connection with such enrollment or attendance; (iii) certain

17 expenses, to the extent they qualify as qualified higher

18 education expenses under Section 529 of the Internal Revenue

19 Code, for the purchase of computer or peripheral equipment or

20 Internet access and related services, if such equipment,

21 software, or services are to be used primarily by the

22 beneficiary during any of the years the beneficiary is

23 enrolled at an eligible educational institution, except that,

24 such expenses shall not include expenses for computer software

25 designed for sports, games, or hobbies, unless the software is

26 predominantly educational in nature; (iv) room and board
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1 expenses incurred while attending an eligible educational

2 institution at least half-time; (v) expenses for fees, books,

3 supplies, and equipment required for the participation of a

4 designated beneficiary in an apprenticeship program registered

5 and certified with the Secretary of Labor under the National

6 Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as

7 principal or interest on any qualified education loan of the

8 designated beneficiary or a sibling of the designated

9 beneficiary, as allowed under Section 529 of the Internal

10 Revenue Code. A student shall be considered to be enrolled at

11 least half-time if the student is enrolled for at least half

12 the full-time academic workload for the course of study the

13 student is pursuing as determined under the standards of the

14 institution at which the student is enrolled.

15  (b) Establishment of the Pool. The State Treasurer may

16 establish and administer the College Savings Pool as a

17 qualified tuition program under Section 529 of the Internal

18 Revenue Code. The Pool may consist of one or more college

19 savings programs. The State Treasurer, in administering the

20 College Savings Pool, may: (1) receive, hold, and invest

21 moneys paid into the Pool; and (2) perform any other action he

22 or she deems necessary to administer the Pool, including any

23 other actions necessary to ensure that the Pool operates as a

24 qualified tuition program in accordance with Section 529 of

25 the Internal Revenue Code.

26  (c) Administration of the College Savings Pool. The State
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1 Treasurer may delegate duties related to the College Savings

2 Pool to one or more contractors. The contributions deposited

3 in the Pool, and any earnings thereon, shall not constitute

4 property of the State or be commingled with State funds and the

5 State shall have no claim to or against, or interest in, such

6 funds; provided that the fees collected by the State Treasurer

7 in accordance with this Act, scholarship programs administered

8 by the State Treasurer, and seed funds deposited by the State

9 Treasurer under Section 16.8 of the Act are State funds.

10  (c-5) College Savings Pool Account Summaries. The State

11 Treasurer shall provide a separate accounting for each

12 designated beneficiary. The separate accounting shall be

13 provided to the account owner of the account for the

14 designated beneficiary at least annually and shall show the

15 account balance, the investment in the account, the investment

16 earnings, and the distributions from the account.

17  (d) Availability of the College Savings Pool. The State

18 Treasurer may permit persons, including trustees of trusts and

19 custodians under a Uniform Transfers to Minors Act or Uniform

20 Gifts to Minors Act account, and certain legal entities to be

21 account owners, including as part of a scholarship program,

22 provided that: (1) an individual, trustee or custodian must

23 have a valid social security number or taxpayer identification

24 number, be at least 18 years of age, and have a valid United

25 States street address; and (2) a legal entity must have a valid

26 taxpayer identification number and a valid United States
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1 street address. In-state and out-of-state persons, trustees,

2 custodians, and legal entities may be account owners and

3 donors, and both in-state and out-of-state individuals may be

4 designated beneficiaries in the College Savings Pool.

5   (e) Fees. Any fees, costs, and expenses, including

6 investment fees and expenses and payments to third parties,

7 related to the College Savings Pool, shall be paid from the

8 assets of the College Savings Pool. The State Treasurer shall

9 establish fees to be imposed on accounts to cover such fees,

10 costs, and expenses, to the extent not paid directly out of the

11 investments of the College Savings Pool, and to maintain an

12 adequate reserve fund in line with industry standards for

13 government operated funds. The Treasurer must use his or her

14 best efforts to keep these fees as low as possible and

15 consistent with administration of high quality competitive

16 college savings programs.

17  (f) Investments in the State. To enhance the safety and

18 liquidity of the College Savings Pool, to ensure the

19 diversification of the investment portfolio of the College

20 Savings Pool, and in an effort to keep investment dollars in

21 the State of Illinois, the State Treasurer may make a

22 percentage of each account available for investment in

23 participating financial institutions doing business in the

24 State.

25  (g) Investment policy. The Treasurer shall develop,

26 publish, and implement an investment policy covering the
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1 investment of the moneys in each of the programs in the College

2 Savings Pool. The policy shall be published each year as part

3 of the audit of the College Savings Pool by the Auditor

4 General, which shall be distributed to all account owners in

5 such program. The Treasurer shall notify all account owners in

6 such program in writing, and the Treasurer shall publish in a

7 newspaper of general circulation in both Chicago and

8 Springfield, any changes to the previously published

9 investment policy at least 30 calendar days before

10 implementing the policy. Any investment policy adopted by the

11 Treasurer shall be reviewed and updated if necessary within 90

12 days following the date that the State Treasurer takes office.

13  (h) Investment restrictions. An account owner may,

14 directly or indirectly, direct the investment of his or her

15 account only as provided in Section 529(b)(4) of the Internal

16 Revenue Code. Donors and designated beneficiaries, in those

17 capacities, may not, directly or indirectly, direct the

18 investment of an account.

19  (i) Distributions. Distributions from an account in the

20 College Savings Pool may be used for the designated

21 beneficiary's qualified expenses, and if not used in that

22 manner, may be considered a nonqualified withdrawal. Funds

23 contained in a College Savings Pool account may be rolled over

24 into:

25        (1) an eligible Illinois ABLE account, as defined in

26  Section 16.6 of this Act to the extent permitted by
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1   Section 529 of the Internal Revenue Code;

2   (2) another qualified tuition program, to the extent

3   permitted by Section 529 of the Internal Revenue Code; or

4   (3) a Roth IRA account, to the extent permitted by

5   Section 529 of the Internal Revenue Code.

6   Distributions made from the College Savings Pool may be

7 made directly to the eligible educational institution,

8 directly to a vendor, in the form of a check payable to both

9 the designated beneficiary and the institution or vendor,

10 directly to the designated beneficiary or account owner, or in

11 any other manner that is permissible under Section 529 of the

12 Internal Revenue Code.

13  (j) Contributions. Contributions to the College Savings

14 Pool shall be as follows:

15  (1) Contributions to an account in the College Savings

16  Pool may be made only in cash.

17  (2) The Treasurer shall limit the contributions that

18  may be made to the College Savings Pool on behalf of a

19  designated beneficiary, as required under Section 529 of

20  the Internal Revenue Code, to prevent contributions for

21  the benefit of a designated beneficiary in excess of those

22  necessary to provide for the qualified expenses of the

23  designated beneficiary. The Pool shall not permit any

24  additional contributions to an account as soon as the sum

25  of (i) the aggregate balance in all accounts in the Pool

26  for the designated beneficiary and (ii) the aggregate
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1   contributions in the Illinois Prepaid Tuition Program for

2   the designated beneficiary reaches the specified balance

3   limit established from time to time by the Treasurer.

4   (k) Illinois Student Assistance Commission. The Treasurer

5 and the Illinois Student Assistance Commission shall each

6 cooperate in providing each other with account information, as

7 necessary, to prevent contributions in excess of those

8 necessary to provide for the qualified expenses of the

9 designated beneficiary, as described in subsection (j).

10  The Treasurer shall work with the Illinois Student

11 Assistance Commission to coordinate the marketing of the

12 College Savings Pool and the Illinois Prepaid Tuition Program

13 when considered beneficial by the Treasurer and the Director

14 of the Illinois Student Assistance Commission.

15  (l) Prohibition; exemption. No interest in the program, or

16 any portion thereof, may be used as security for a loan. Moneys

17 held in an account invested in the College Savings Pool shall

18 be exempt from all claims of the creditors of the account

19 owner, donor, or designated beneficiary of that account,

20 except for the non-exempt College Savings Pool transfers to or

21 from the account as defined under subsection (j) of Section

22 12-1001 of the Code of Civil Procedure.

23  (m) Taxation. The assets of the College Savings Pool and

24 its income and operation shall be exempt from all taxation by

25 the State of Illinois and any of its subdivisions. The accrued

26 earnings on investments in the Pool once disbursed on behalf
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1 of a designated beneficiary shall be similarly exempt from all

2 taxation by the State of Illinois and its subdivisions, so

3 long as they are used for qualified expenses. Contributions to

4 a College Savings Pool account during the taxable year may be

5 deducted from adjusted gross income as provided in Section 203

6 of the Illinois Income Tax Act. The provisions of this

7 paragraph are exempt from Section 250 of the Illinois Income

8 Tax Act.

9   (n) Rules. The Treasurer shall adopt rules he or she

10 considers necessary for the efficient administration of the

11 College Savings Pool. The rules shall provide whatever

12 additional parameters and restrictions are necessary to ensure

13 that the College Savings Pool meets all the requirements for a

14 qualified tuition program under Section 529 of the Internal

15 Revenue Code.

16  Notice of any proposed amendments to the rules and

17 regulations shall be provided to all account owners prior to

18 adoption.

19  (o) Bond. The State Treasurer shall give bond with at

20 least one surety, payable to and for the benefit of the account

21 owners in the College Savings Pool, in the penal sum of

22 $10,000,000, conditioned upon the faithful discharge of his or

23 her duties in relation to the College Savings Pool.

24  (p) The changes made to subsections (c) and (e) of this

25 Section by Public Act 101-26 are intended to be a restatement

26 and clarification of existing law.
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1 (Source: P.A. 102-186, eff. 7-30-21; 103-778, eff. 8-2-24.)

2   (15 ILCS 505/16.6)

3   Sec. 16.6. Illinois ABLE account program.

4   (a) As used in this Section:

5   "Illinois ABLE account" or "account" means an account

6 established for the purpose of financing certain qualified

7 expenses of eligible individuals as specifically provided for

8 in this Section and authorized by Section 529A of the Internal

9 Revenue Code.

10  "Illinois ABLE account plan" or "plan" means the savings

11 account plan provided for in this Section.

12  "Account administrator" means the person or entity

13 selected by the State Treasurer to administer the daily

14 operations of the Illinois ABLE account plan and provide

15 marketing, recordkeeping, investment management, and other

16 services for the plan.

17  "Aggregate account balance" means the amount in an account

18 on a particular date or the fair market value of an account on

19 a particular date.

20  "Beneficiary" or "designated beneficiary" means the

21 Illinois ABLE account owner.

22  "Contracting state" means a state without a qualified

23 Illinois ABLE program which has entered into a contract with

24 Illinois to provide residents of the contracting state access

25 to a qualified Illinois ABLE program.
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1   "Designated representative" means a person or entity who

2 is authorized to act on behalf of a "designated beneficiary".

3 A designated beneficiary is authorized to act on his or her own

4 behalf unless the designated beneficiary is a minor or the

5 designated beneficiary has been adjudicated to have a

6 disability so that a guardian has been appointed. A designated

7 representative acts in a fiduciary capacity to the designated

8 beneficiary. A person or entity seeking to open an Illinois

9 ABLE account on behalf of a designated beneficiary must

10 provide certification, subject to penalties of perjury, of the

11 basis for the person's or entity's authority to act as a

12 designated representative and that there is no other person or

13 entity with higher priority to establish the Illinois ABLE

14 account under Section 529A of the Internal Revenue Code and

15 federal regulations.

16  "Disability certification" has the meaning given to that

17 term under Section 529A of the Internal Revenue Code.

18  "Eligible individual" has the meaning given to that term

19 under Section 529A of the Internal Revenue Code.

20  "Internal Revenue Code" means the federal Internal Revenue

21 Code.

22  "Participation agreement" means an agreement to

23 participate in the Illinois ABLE account plan between a

24 designated beneficiary and the State, through its agencies and

25 the State Treasurer.

26  "Qualified disability expenses" has the meaning given to
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1 that term under Section 529A of the Internal Revenue Code.

2   "Qualified withdrawal" or "qualified distribution" means a

3 withdrawal from an Illinois ABLE account to pay the qualified

4 disability expenses of the beneficiary of the account.

5   (b) Establishment of the Illinois ABLE Program. The

6 "Illinois Achieving a Better Life Experience" or "Illinois

7 ABLE" account program is hereby created and shall be

8 administered by the State Treasurer. The purpose of the

9 Illinois ABLE program is to encourage and assist individuals

10 and families in saving private funds for the purpose of

11 supporting individuals with disabilities to maintain health,

12 independence, and quality of life, and to provide secure

13 funding for disability-related expenses on behalf of

14 designated beneficiaries with disabilities that will

15 supplement, but not supplant, benefits provided through

16 private insurance, federal and State medical and disability

17 insurance, the beneficiary's employment, and other sources.

18 Under the plan, a person or entity may make contributions to an

19 Illinois ABLE account to meet the qualified disability

20 expenses of the designated beneficiary of the account. The

21 plan must be operated as an accounts-type plan that permits

22 saving for qualified disability expenses incurred by or on

23 behalf of an eligible individual.

24  (c) Promotion of the Illinois ABLE Program. The State

25 Treasurer shall promote awareness of the availability and

26 advantages of the Illinois ABLE account plan as a way to assist
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1 individuals and families in saving private funds for the

2 purpose of supporting individuals with disabilities.

3   (d) Availability of the ABLE Program. An Illinois ABLE

4 account may be established under this Section for a designated

5 beneficiary who is a resident of Illinois, a resident of a

6 contracting state, or a resident of any other state.

7   Annual contributions to an Illinois ABLE account on behalf

8 of a beneficiary are subject to the requirements of subsection

9 (b) of Section 529A of the Internal Revenue Code. No person or

10 entity may make a contribution to an Illinois ABLE account if

11 such a contribution would result in the aggregate account

12 balance of an ABLE account exceeding the account balance limit

13 authorized under Section 529A of the Internal Revenue Code.

14 The Treasurer shall review the contribution limit at least

15 annually. A separate account must be maintained for each

16 beneficiary for whom contributions are made, and no more than

17 one account shall be established per beneficiary. If an

18 Illinois ABLE account is established for a designated

19 beneficiary, no account subsequently established for such

20 beneficiary shall be treated as an Illinois ABLE account. The

21 preceding sentence shall not apply in the case of an Illinois

22 ABLE account established for purposes of a rollover as

23 permitted under Sections 529 and 529A of the Internal Revenue

24 Code.

25  (e) Administration of the Illinois ABLE Program. The State

26 Treasurer shall administer the plan, including accepting and
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1 processing applications, maintaining account records, making

2 payments, and undertaking any other necessary tasks to

3 administer the plan, including the appointment of an account

4 administrator. The State Treasurer may contract with one or

5 more third parties to carry out some or all of these

6 administrative duties, including, but not limited to,

7 providing investment management services, incentives, and

8 marketing the plan. The State Treasurer may enter into

9 agreements with other states to either allow Illinois

10 residents to participate in a plan operated by another state

11 or to allow residents of other states to participate in the

12 Illinois ABLE plan. The State Treasurer may require any

13 certifications that he or she deems necessary to implement the

14 program, including oaths or affirmations made under penalties

15 of perjury.

16  (f) Fees. The State Treasurer may establish fees to be

17 imposed on participants to cover the costs of administration,

18 recordkeeping, and investment management. The State Treasurer

19 must use his or her best efforts to keep these fees as low as

20 possible, consistent with efficient administration.

21  (g) The Illinois ABLE Accounts Administrative Fund. The

22 Illinois ABLE Accounts Administrative Fund is created as a

23 nonappropriated trust fund in the State treasury. The State

24 Treasurer shall use moneys in the Administrative Fund to cover

25 administrative expenses incurred under this Section. The

26 Administrative Fund may receive any grants or other moneys
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1 designated for administrative purposes from the State, or any

2 unit of federal, state, or local government, or any other

3 person, firm, partnership, or corporation. Any interest

4 earnings that are attributable to moneys in the Administrative

5 Fund must be deposited into the Administrative Fund. Any fees

6 established by the State Treasurer to cover the costs of

7 administration, recordkeeping, and investment management shall

8 be deposited into the Administrative Fund.

9   Subject to appropriation, the State Treasurer may pay

10 administrative costs associated with the creation and

11 management of the plan until sufficient assets are available

12 in the Administrative Fund for that purpose.

13  (h) Privacy. Applications for accounts and other records

14 obtained or compiled by the Treasurer or the Treasurer's

15 agents reflecting designated beneficiary information, account

16 information, or designated representative information are

17 confidential and exempt from disclosure under the Freedom of

18 Information Act.

19  (i) Investment Policy. The Treasurer shall prepare and

20 adopt a written statement of investment policy that includes a

21 risk management and oversight program which shall be reviewed

22 annually and posted on the Treasurer's website prior to

23 implementation. The risk management and oversight program

24 shall be designed to ensure that an effective risk management

25 system is in place to monitor the risk levels of the Illinois

26 ABLE plan, to ensure that the risks taken are prudent and
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1 properly managed, to provide an integrated process for overall

2 risk management, and to assess investment returns as well as

3 risk to determine if the risks taken are adequately

4 compensated compared to applicable performance benchmarks and

5 standards. To enhance the safety and liquidity of Illinois

6 ABLE accounts, to ensure the diversification of the investment

7 portfolio of accounts, and in an effort to keep investment

8 dollars in the State, the State Treasurer may make a

9 percentage of each account available for investment in

10 participating financial institutions doing business in the

11 State, except that the accounts may be invested without limit

12 in investment options from open-ended investment companies

13 registered under Section 80a of the federal Investment Company

14 Act of 1940. The State Treasurer may contract with one or more

15 third parties for investment management, recordkeeping, or

16 other services in connection with investing the accounts.

17  (j) Investment restrictions. The State Treasurer shall

18 ensure that the plan meets the requirements for an Illinois

19 ABLE account under Section 529A of the Internal Revenue Code.

20 The State Treasurer may request a private letter ruling or

21 rulings from the Internal Revenue Service and must take any

22 necessary steps to ensure that the plan qualifies under

23 relevant provisions of federal law. Notwithstanding the

24 foregoing, any determination by the Secretary of the Treasury

25 of the United States that an account was utilized to make

26 non-qualified distributions shall not result in an Illinois
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1 ABLE account being disregarded as a resource.

2   (k) Contributions. A person or entity may make

3 contributions to an Illinois ABLE account on behalf of a

4 beneficiary. Contributions to an account made by persons or

5 entities other than the designated beneficiary become the

6 property of the designated beneficiary. Contributions to an

7 account shall be considered as a transfer of assets for fair

8 market value. A person or entity does not acquire an interest

9 in an Illinois ABLE account by making contributions to an

10 account. A contribution to any account for a beneficiary must

11 be rejected if the contribution would cause either the

12 aggregate or annual account balance of the account to exceed

13 the limits imposed by Section 529A of the Internal Revenue

14 Code.

15  Any change in designated beneficiary must be done in a

16 manner consistent with Section 529A of the Internal Revenue

17 Code.

18  (l) Notice. Notice of any proposed amendments to the rules

19 and regulations shall be provided to all designated

20 beneficiaries or their designated representatives prior to

21 adoption. Amendments to rules and regulations shall apply only

22 to contributions made after the adoption of the amendment.

23 Amendments to this Section automatically amend the

24 participation agreement. Any amendments to the operating

25 procedures and policies of the plan shall automatically amend

26 the participation agreement after adoption by the State
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1 Treasurer.

2   (m) Plan assets. All assets of the plan, including any

3 contributions to accounts, are held in trust for the exclusive

4 benefit of the designated beneficiary and shall be considered

5 spendthrift accounts exempt from all of the designated

6 beneficiary's creditors. The plan shall provide separate

7 accounting for each designated beneficiary sufficient to

8 satisfy the requirements of paragraph (3) of subsection (b) of

9 Section 529A of the Internal Revenue Code. Assets must be held

10 in either a state trust fund outside the State treasury, to be

11 known as the Illinois ABLE plan trust fund, or in accounts with

12 a third-party provider selected pursuant to this Section.

13 Amounts contributed to Illinois ABLE accounts shall not be

14 commingled with State funds and the State shall have no claim

15 to or against, or interest in, such funds.

16  Plan assets are not subject to claims by creditors of the

17 State and are not subject to appropriation by the State.

18 Payments from the Illinois ABLE account plan shall be made

19 under this Section.

20  The assets of Illinois ABLE accounts and their income may

21 not be used as security for a loan.

22  (n) Taxation. The assets of Illinois ABLE accounts and

23 their income and operation shall be exempt from all taxation

24 by the State of Illinois and any of its subdivisions to the

25 extent exempt from federal income taxation. The accrued

26 earnings on investments in an Illinois ABLE account once
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1 disbursed on behalf of a designated beneficiary shall be

2 similarly exempt from all taxation by the State of Illinois

3 and its subdivisions to the extent exempt from federal income

4 taxation, so long as they are used for qualified expenses.

5   Notwithstanding any other provision of law that requires

6 consideration of one or more financial circumstances of an

7 individual, for the purpose of determining eligibility to

8 receive, or the amount of, any assistance or benefit

9 authorized by such provision to be provided to or for the

10 benefit of such individual, any amount, including earnings

11 thereon, in the Illinois ABLE account of such individual, any

12 contributions to the Illinois ABLE account of the individual,

13 and any distribution for qualified disability expenses shall

14 be disregarded for such purpose with respect to any period

15 during which such individual maintains, makes contributions

16 to, or receives distributions from such Illinois ABLE account.

17  (o) Distributions. The designated beneficiary or the

18 designated representative of the designated beneficiary may

19 make a qualified distribution for the benefit of the

20 designated beneficiary. Qualified distributions shall be made

21 for qualified disability expenses allowed pursuant to Section

22 529A of the Internal Revenue Code. Qualified distributions

23 must be withdrawn proportionally from contributions and

24 earnings in a designated beneficiary's account on the date of

25 distribution as provided in Section 529A of the Internal

26 Revenue Code. Unless prohibited by federal law, upon the death
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1 of a designated beneficiary, proceeds from an account may be

2 transferred to the estate of a designated beneficiary, or to

3 an account for another eligible individual specified by the

4 designated beneficiary or the estate of the designated

5 beneficiary, or transferred pursuant to a payable on death

6 account agreement. A payable on death account agreement may be

7 executed by the designated beneficiary or a designated

8 representative who has been granted such power. Upon the death

9 of a designated beneficiary, prior to distribution of the

10 balance to the estate, account for another eligible

11 individual, or transfer pursuant to a payable on death account

12 agreement, the State Treasurer may require verification that

13 the funeral and burial expenses of the designated beneficiary

14 have been paid. An agency or instrumentality of the State may

15 not seek payment under subsection (f) of Section 529A of the

16 federal Internal Revenue Code from the account or its proceeds

17 for benefits provided to a designated beneficiary.

18  (p) Rules. The State Treasurer may adopt rules to carry

19 out the purposes of this Section. The State Treasurer shall

20 further have the power to issue peremptory rules necessary to

21 ensure that Illinois ABLE accounts meet all of the

22 requirements for a qualified state Illinois ABLE program under

23 Section 529A of the Internal Revenue Code and any regulations

24 issued by the Internal Revenue Service.

25  (q) Name. The Illinois ABLE Account Program may also be

26 referred to as the Senator Scott Bennett ABLE Program.
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1 (Source: P.A. 102-392, eff. 8-16-21; 102-1024, eff. 5-27-22;
2 103-256, eff. 6-30-23.)

3   Section 10. The School Code is amended by changing Section

4 14-8.02i as follows:

5   (105 ILCS 5/14-8.02i)

6   Sec. 14-8.02i. Illinois ABLE account program information.

7 Beginning with the 2026-2027 school year Beginning with the

8 2023-2024 school year, a school district shall provide

9 informational materials material about the Illinois Achieving

10 a Better Life Experience (ABLE) account program established

11 under Section 16.6 of the State Treasurer Act:

12  (1) to the parent or guardian of a student at the

13  student's annual individualized education program (IEP)

14  review meeting, whether the annual review meeting is held

15  in person, convened remotely, or convened in any other

16  manner, using the same distribution methods employed to

17  transmit other documents and information related to an IEP

18  meeting to the parent or guardian; .

19  (2) to the parent or guardian of a student for whom a

20  Section 504 plan under the federal Rehabilitation Act of

21  1973 is being created at the initial Section 504 meeting

22  or, if the student has an existing Section 504 plan, by

23  providing the informational materials to the parent or

24  guardian of the student using the same distribution
    HB3500 Enrolled      - 23 - LRB104 10352 KTG 20426 b

1   methods employed for other communications related to the

2   student's Section 504 plan no later than the 2026-2027

3   school year; and

4   (3) beginning with the 2026-2027 school year, by

5   posting the informational materials on the school

6   district's website.

7   The Office of the State Treasurer shall prepare and

8 deliver the informational materials material to the State

9 Board of Education, and the State Board of Education shall

10 distribute the materials informational material to school

11 districts.

12  A school may transmit the informational material to a

13 parent or guardian in the same manner as other documents and

14 information related to an IEP meeting are provided to the

15 parent or guardian.

16 (Source: P.A. 102-841, eff. 5-13-22.)

17  Section 15. The Department of Early Childhood Act is

18 amended by changing Section 10-65 as follows:

19  (325 ILCS 3/10-65)

20  Sec. 10-65. Individualized Family Service Plans.

21  (a) Each eligible infant or toddler and that infant's or

22 toddler's family shall receive:

23  (1) timely, comprehensive, multidisciplinary

24  assessment of the unique strengths and needs of each
    HB3500 Enrolled  - 24 - LRB104 10352 KTG 20426 b

1   eligible infant and toddler, and assessment of the

2   concerns and priorities of the families to appropriately

3   assist them in meeting their needs and identify supports

4   and services to meet those needs; and

5   (2) a written Individualized Family Service Plan

6   developed by a multidisciplinary team which includes the

7   parent or guardian. The individualized family service plan

8   shall be based on the multidisciplinary team's assessment

9   of the resources, priorities, and concerns of the family

10  and its identification of the supports and services

11  necessary to enhance the family's capacity to meet the

12  developmental needs of the infant or toddler, and shall

13  include the identification of services appropriate to meet

14  those needs, including the frequency, intensity, and

15  method of delivering services. During and as part of the

16  initial development of the individualized family services

17  plan, and any periodic reviews of the plan, the

18  multidisciplinary team may seek consultation from the lead

19  agency's designated experts, if any, to help determine

20  appropriate services and the frequency and intensity of

21  those services. All services in the individualized family

22  services plan must be justified by the multidisciplinary

23  assessment of the unique strengths and needs of the infant

24  or toddler and must be appropriate to meet those needs. At

25  the periodic reviews, the team shall determine whether

26  modification or revision of the outcomes or services is
    HB3500 Enrolled  - 25 - LRB104 10352 KTG 20426 b

1   necessary.

2   (b) The Individualized Family Service Plan shall be

3 evaluated once a year and the family shall be provided a review

4 of the Plan at 6-month intervals or more often where

5 appropriate based on infant or toddler and family needs. The

6 lead agency shall create a quality review process regarding

7 Individualized Family Service Plan development and changes

8 thereto, to monitor and help ensure that resources are being

9 used to provide appropriate early intervention services.

10  (c) The initial evaluation and initial assessment and

11 initial Plan meeting must be held within 45 days after the

12 initial contact with the early intervention services system.

13 The 45-day timeline does not apply for any period when the

14 child or parent is unavailable to complete the initial

15 evaluation, the initial assessments of the child and family,

16 or the initial Plan meeting, due to exceptional family

17 circumstances that are documented in the child's early

18 intervention records, or when the parent has not provided

19 consent for the initial evaluation or the initial assessment

20 of the child despite documented, repeated attempts to obtain

21 parental consent. As soon as exceptional family circumstances

22 no longer exist or parental consent has been obtained, the

23 initial evaluation, the initial assessment, and the initial

24 Plan meeting must be completed as soon as possible. With

25 parental consent, early intervention services may commence

26 before the completion of the comprehensive assessment and
    HB3500 Enrolled     - 26 - LRB104 10352 KTG 20426 b

1 development of the Plan. All early intervention services shall

2 be initiated as soon as possible but not later than 30 calendar

3 days after the consent of the parent or guardian has been

4 obtained for the individualized family service plan, in

5 accordance with rules adopted by the lead agency.

6   (d) Parents must be informed that early intervention

7 services shall be provided to each eligible infant and

8 toddler, to the maximum extent appropriate, in the natural

9 environment, which may include the home or other community

10 settings. Parents must also be informed of the availability of

11 early intervention services provided through telehealth

12 services. Parents shall make the final decision to accept or

13 decline early intervention services, including whether

14 accepted services are delivered in person or via telehealth

15 services. A decision to decline such services shall not be a

16 basis for administrative determination of parental fitness, or

17 other findings or sanctions against the parents. Parameters of

18 the Plan shall be set forth in rules.

19  (e) The regional intake offices shall explain to each

20 family, orally and in writing, all of the following:

21  (1) That the early intervention program will pay for

22  all early intervention services set forth in the

23  individualized family service plan that are not covered or

24  paid under the family's public or private insurance plan

25  or policy and not eligible for payment through any other

26  third party payor.
    HB3500 Enrolled     - 27 - LRB104 10352 KTG 20426 b

1   (2) That services will not be delayed due to any rules

2   or restrictions under the family's insurance plan or

3   policy.

4   (3) That the family may request, with appropriate

5   documentation supporting the request, a determination of

6   an exemption from private insurance use under Section

7   10-100.

8   (4) That responsibility for co-payments or

9   co-insurance under a family's private insurance plan or

10  policy will be transferred to the lead agency's central

11  billing office.

12  (5) That families will be responsible for payments of

13  family fees, which will be based on a sliding scale

14  according to the State's definition of ability to pay

15  which is comparing household size and income to the

16  sliding scale and considering out-of-pocket medical or

17  disaster expenses, and that these fees are payable to the

18  central billing office. Families who fail to provide

19  income information shall be charged the maximum amount on

20  the sliding scale.

21  (f) The individualized family service plan must state

22 whether the family has private insurance coverage and, if the

23 family has such coverage, must have attached to it a copy of

24 the family's insurance identification card or otherwise

25 include all of the following information:

26  (1) The name, address, and telephone number of the
    HB3500 Enrolled       - 28 - LRB104 10352 KTG 20426 b

1   insurance carrier.

2         (2) The contract number and policy number of the

3   insurance plan.

4         (3) The name, address, and social security number of

5   the primary insured.

6         (4) The beginning date of the insurance benefit year.

7   (g) A copy of the individualized family service plan must

8 be provided to each enrolled provider who is providing early

9 intervention services to the child who is the subject of that

10 plan.

11  (h) Children receiving services under this Act shall

12 receive a smooth and effective transition by their third

13 birthday consistent with federal regulations adopted pursuant

14 to Sections 1431 through 1444 of Title 20 of the United States

15 Code. Beginning January 1, 2022, children who receive early

16 intervention services prior to their third birthday and are

17 found eligible for an individualized education program under

18 the Individuals with Disabilities Education Act, 20 U.S.C.

19 1414(d)(1)(A), and under Section 14-8.02 of the School Code

20 and whose birthday falls between May 1 and August 31 may

21 continue to receive early intervention services until the

22 beginning of the school year following their third birthday in

23 order to minimize gaps in services, ensure better continuity

24 of care, and align practices for the enrollment of preschool

25 children with special needs to the enrollment practices of

26 typically developing preschool children.
    HB3500 Enrolled  - 29 - LRB104 10352 KTG 20426 b

1   (i) The requirement under this subsection is intended to

2 ensure that families of infants and toddlers with disabilities

3 are informed about the Illinois Achieving a Better Life

4 Experience (ABLE) account program, a financial tool that may

5 assist families in meeting the long-term disability-related

6 expenses of their children and improving opportunities for

7 economic independence for their children. During the initial

8 development of the Individual Family Service Plan and at each

9 review meeting of the plan, the regional intake offices shall

10 provide the parent or guardian with informational materials

11 about the Illinois (ABLE) account program established under

12 Section 16.6 of the State Treasurer Act. The informational

13 materials shall include an overview of the program,

14 eligibility criteria, and other necessary information for

15 enrollment in the Illinois ABLE program.

16  The Office of the State Treasurer shall prepare and

17 deliver the informational materials about the Illinois ABLE

18 account program to the lead agency, which shall distribute the

19 materials to regional intake offices. The regional intake

20 offices shall disseminate the informational materials to

21 parents and guardians in the same manner as they transmit

22 other documents to families. The regional intake offices shall

23 document the transmission of informational materials about the

24 Illinois ABLE account program.

25 (Source: P.A. 103-594, eff. 6-25-24.)
    HB3500 Enrolled  - 30 - LRB104 10352 KTG 20426 b

1   Section 20. The Early Intervention Services System Act is

2 amended by changing Section 11 as follows:

3   (325 ILCS 20/11) (from Ch. 23, par. 4161)

4   (Section scheduled to be repealed on July 1, 2026)

5   Sec. 11. Individualized Family Service Plans.

6   (a) Each eligible infant or toddler and that infant's or

7 toddler's family shall receive:

8   (1) timely, comprehensive, multidisciplinary

9   assessment of the unique strengths and needs of each

10  eligible infant and toddler, and assessment of the

11  concerns and priorities of the families to appropriately

12  assist them in meeting their needs and identify supports

13  and services to meet those needs; and

14  (2) a written Individualized Family Service Plan

15  developed by a multidisciplinary team which includes the

16  parent or guardian. The individualized family service plan

17  shall be based on the multidisciplinary team's assessment

18  of the resources, priorities, and concerns of the family

19  and its identification of the supports and services

20  necessary to enhance the family's capacity to meet the

21  developmental needs of the infant or toddler, and shall

22  include the identification of services appropriate to meet

23  those needs, including the frequency, intensity, and

24  method of delivering services. During and as part of the

25  initial development of the individualized family services
    HB3500 Enrolled  - 31 - LRB104 10352 KTG 20426 b

1   plan, and any periodic reviews of the plan, the

2   multidisciplinary team may seek consultation from the lead

3   agency's designated experts, if any, to help determine

4   appropriate services and the frequency and intensity of

5   those services. All services in the individualized family

6   services plan must be justified by the multidisciplinary

7   assessment of the unique strengths and needs of the infant

8   or toddler and must be appropriate to meet those needs. At

9   the periodic reviews, the team shall determine whether

10  modification or revision of the outcomes or services is

11  necessary.

12  (b) The Individualized Family Service Plan shall be

13 evaluated once a year and the family shall be provided a review

14 of the Plan at 6-month intervals or more often where

15 appropriate based on infant or toddler and family needs. The

16 lead agency shall create a quality review process regarding

17 Individualized Family Service Plan development and changes

18 thereto, to monitor and help ensure that resources are being

19 used to provide appropriate early intervention services.

20  (c) The initial evaluation and initial assessment and

21 initial Plan meeting must be held within 45 days after the

22 initial contact with the early intervention services system.

23 The 45-day timeline does not apply for any period when the

24 child or parent is unavailable to complete the initial

25 evaluation, the initial assessments of the child and family,

26 or the initial Plan meeting, due to exceptional family
    HB3500 Enrolled  - 32 - LRB104 10352 KTG 20426 b

1 circumstances that are documented in the child's early

2 intervention records, or when the parent has not provided

3 consent for the initial evaluation or the initial assessment

4 of the child despite documented, repeated attempts to obtain

5 parental consent. As soon as exceptional family circumstances

6 no longer exist or parental consent has been obtained, the

7 initial evaluation, the initial assessment, and the initial

8 Plan meeting must be completed as soon as possible. With

9 parental consent, early intervention services may commence

10 before the completion of the comprehensive assessment and

11 development of the Plan. All early intervention services shall

12 be initiated as soon as possible but not later than 30 calendar

13 days after the consent of the parent or guardian has been

14 obtained for the individualized family service plan, in

15 accordance with rules adopted by the Department of Human

16 Services.

17  (d) Parents must be informed that early intervention

18 services shall be provided to each eligible infant and

19 toddler, to the maximum extent appropriate, in the natural

20 environment, which may include the home or other community

21 settings. Parents must also be informed of the availability of

22 early intervention services provided through telehealth

23 services. Parents shall make the final decision to accept or

24 decline early intervention services, including whether

25 accepted services are delivered in person or via telehealth

26 services. A decision to decline such services shall not be a
    HB3500 Enrolled     - 33 - LRB104 10352 KTG 20426 b

1 basis for administrative determination of parental fitness, or

2 other findings or sanctions against the parents. Parameters of

3 the Plan shall be set forth in rules.

4   (e) The regional intake offices shall explain to each

5 family, orally and in writing, all of the following:

6   (1) That the early intervention program will pay for

7   all early intervention services set forth in the

8   individualized family service plan that are not covered or

9   paid under the family's public or private insurance plan

10  or policy and not eligible for payment through any other

11  third party payor.

12  (2) That services will not be delayed due to any rules

13  or restrictions under the family's insurance plan or

14  policy.

15  (3) That the family may request, with appropriate

16  documentation supporting the request, a determination of

17  an exemption from private insurance use under Section

18  13.25.

19  (4) That responsibility for co-payments or

20  co-insurance under a family's private insurance plan or

21  policy will be transferred to the lead agency's central

22  billing office.

23  (5) That families will be responsible for payments of

24  family fees, which will be based on a sliding scale

25  according to the State's definition of ability to pay

26  which is comparing household size and income to the
    HB3500 Enrolled       - 34 - LRB104 10352 KTG 20426 b

1   sliding scale and considering out-of-pocket medical or

2   disaster expenses, and that these fees are payable to the

3   central billing office. Families who fail to provide

4   income information shall be charged the maximum amount on

5   the sliding scale.

6   (f) The individualized family service plan must state

7 whether the family has private insurance coverage and, if the

8 family has such coverage, must have attached to it a copy of

9 the family's insurance identification card or otherwise

10 include all of the following information:

11        (1) The name, address, and telephone number of the

12  insurance carrier.

13        (2) The contract number and policy number of the

14  insurance plan.

15        (3) The name, address, and social security number of

16  the primary insured.

17        (4) The beginning date of the insurance benefit year.

18  (g) A copy of the individualized family service plan must

19 be provided to each enrolled provider who is providing early

20 intervention services to the child who is the subject of that

21 plan.

22  (h) Children receiving services under this Act shall

23 receive a smooth and effective transition by their third

24 birthday consistent with federal regulations adopted pursuant

25 to Sections 1431 through 1444 of Title 20 of the United States

26 Code. Beginning January 1, 2022, children who receive early
    HB3500 Enrolled  - 35 - LRB104 10352 KTG 20426 b

1 intervention services prior to their third birthday and are

2 found eligible for an individualized education program under

3 the Individuals with Disabilities Education Act, 20 U.S.C.

4 1414(d)(1)(A), and under Section 14-8.02 of the School Code

5 and whose birthday falls between May 1 and August 31 may

6 continue to receive early intervention services until the

7 beginning of the school year following their third birthday in

8 order to minimize gaps in services, ensure better continuity

9 of care, and align practices for the enrollment of preschool

10 children with special needs to the enrollment practices of

11 typically developing preschool children.

12  (i) The requirement under this subsection is intended to

13 ensure that families of infants and toddlers with disabilities

14 are informed about the Illinois Achieving a Better Life

15 Experience (ABLE) account program, a financial tool that may

16 assist families in meeting the long-term disability-related

17 expenses of their children and improving opportunities for

18 economic independence for their children. During the initial

19 development of the Individual Family Service Plan and at each

20 review meeting of the plan, the regional intake offices shall

21 provide the parent or guardian with informational materials

22 about the Illinois (ABLE) account program established under

23 Section 16.6 of the State Treasurer Act. The informational

24 materials shall include an overview of the program,

25 eligibility criteria, and other necessary information for

26 enrollment in the Illinois ABLE program.
   HB3500 Enrolled         - 36 - LRB104 10352 KTG 20426 b

1  The Office of the State Treasurer shall prepare and

2 deliver the informational materials about the Illinois ABLE

3 account program to the lead agency, which shall distribute the

4 materials to regional intake offices. The regional intake

5 offices shall disseminate the informational materials to

6 parents and guardians in the same manner as they transmit

7 other documents to families. The regional intake offices shall

8 document the transmission of informational materials about the

9 Illinois ABLE account program.

10 (Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;

11 102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for

12 effective date of P.A. 102-209); 102-813, eff. 5-13-22;

13 102-962, eff. 7-1-22.)
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