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Mississippi Statutes, Title 43

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Title 43, Public Welfare

42 chapters · 903 sections in this title.

All chapters in Title 43903 Ch 21, Youth Court110 Ch 33, Housing and Housing Authorities110 Ch 13, Medical Assistance for the Aged; Med…81 Ch 35, Urban Renewal and Redevelopment55 Ch 15, Child Welfare49 Ch 27, Department of Human Services - Divis…49 Ch 6, Rights and Liabilities of Persons wi…38 Ch 3, Blind Persons34 Ch 1, Department of Human Services and Cou…30 Ch 12, Medicaid and Human Services Provisions25 Ch 19, Support of Natural Children25 Ch 9, Old Age Assistance24 Ch 20, Child Care Facilities24 Ch 47, Mississippi Vulnerable Persons Act23

14 sections·Filtered byTitle 43✕Ch 28✕

Miss. Code Ann. § 43-28-1 Short title
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This chapter shall be known and may be cited as the “Mississippi Achieving a Better Life Experience (ABLE) Act.”
Miss. Code Ann. § 43-28-11 ABLE Trust Fund created; Trust Fund accounts
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(1) There is created a Mississippi Achieving a Better Life Experience (ABLE) Trust Fund as an instrumentality of the state to be administered by the Department of Rehabilitation Services in consultation with the Treasury Department. The ABLE Trust Fund shall consist of state appr…
Miss. Code Ann. § 43-28-13 ABLE Trust Fund property and income exempt from state taxation; deduction of contributions to ABLE Program accounts from taxable income; amounts in ABLE account not considered in determining eligibility for certain public assistance
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(1) All property and income of the ABLE Trust Fund, as an instrumentality of the state, is exempt from all taxation by the state and by its political subdivisions. (2) Any contributor or payor to a Mississippi ABLE Program account may deduct from their Mississippi taxable income …
Miss. Code Ann. § 43-28-15 Authority of Board to establish a comprehensive investment plan
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(1) The board has authority to establish a comprehensive investment plan for the purposes of this chapter, to invest any funds of the ABLE Trust Fund in any instrument, obligation, security or property that constitutes legal investments for public funds in the state, and to name …

Miss. Code Ann. § 43-28-17 Administration of Mississippi ABLE Program; provisions of program account participation agreement; termination of program

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(1) On or before July 1, 2018, the Mississippi ABLE Board shall establish and administer the Mississippi ABLE Program or shall enter into a contractual relationship or into a consortium with another state or states to provide qualifying Mississippi residents access to enrollment …

Miss. Code Ann. § 43-28-19 Annual statements and reports

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(1) The board shall furnish, without charge, to each account owner an annual statement of the following:(a) The amount contributed by the account owner under the participation agreement;(b) The annual earnings and accumulated earnings on the ABLE account; and(c) Any other terms a…

Miss. Code Ann. § 43-28-21 Mississippi ABLE Program monies paid into or expended out of the trust fund on behalf of a beneficiary are exempt from creditor claims; prohibition against use as loan collateral

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Monies paid into or expended out of the ABLE Trust Fund by or on behalf of a designated beneficiary are exempt from all claims of creditors of the designated beneficiary if the participation agreement has not been terminated. Monies paid into the Mississippi ABLE Program and bene…

Miss. Code Ann. § 43-28-23 Distribution requirements

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(1) Unless otherwise required by the United States Social Security Act, 42 USC Section 1396p(b), the State of Mississippi or any agency or instrumentality of the state, shall not be considered a creditor of, and may not seek repayment for any Medicaid benefits provided to, a desi…

Miss. Code Ann. § 43-28-25 Certain state agencies required to assist board

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The Mississippi Department of Health, the Department of Rehabilitation Services, the Division of Medicaid, the Department of Child Protection Services and the State Department of Education shall assist, cooperate and coordinate with the Mississippi ABLE Board in the provision of …

Miss. Code Ann. § 43-28-27 Severability

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The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, such declaration shall not affect the parts of this chapter which remain.

Miss. Code Ann. § 43-28-3 Legislative intent

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It is the intent of the Legislature to establish a qualified Achieving a Better Life Experience (ABLE) Program in this state which will encourage and assist the saving of private funds in tax-exempt accounts in order to pay for the qualified disability expenses of eligible indivi…

Miss. Code Ann. § 43-28-5 Definitions

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(a) As used in this chapter the following words and phrases have the meanings ascribed in this section unless the context clearly indicates otherwise:(a) “Mississippi ABLE account” means an account established and maintained under the Mississippi ABLE Program or entered into thro…

Miss. Code Ann. § 43-28-7 Mississippi ABLE Board of Directors created; membership

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(1) There is created the Mississippi ABLE Board of Directors which shall consist of nine (9) members as follows:(a) The State Treasurer, or his or her designee;(b) The Executive Director of the Department of Rehabilitation Services, or his or her designee;(c) The Executive Direct…

Miss. Code Ann. § 43-28-9 Powers of board

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(a) In addition to those powers granted to the board by any other provisions of this chapter, the Mississippi ABLE Board shall have the powers necessary to carry out the purposes and provisions of this chapter, the purposes and objectives of ABLE accounts, and the powers delegate…