Plan Disclosure
Administrator: Washington Achieving A
Better Life Program Governing Board
January 2024
Program managed by
Vestwell State Savings, LLC.
Plan Disclosure
This Plan Disclosure including the Participation Agreement and other supplements distributed from
time to time contains information about the Washington State ABLE Savings Plan (the Plan). It
describes the risks associated with, and the terms and conditions of, investing in the Plan. The
information contained in this Plan Disclosure is authorized by the Governing Board of the Washington
State ABLE Savings Program (the Board). The Board serves as the Plan Administrator. Information
other than what is contained in this Plan Disclosure must not be relied upon as having been
authorized by the Plan Administrator. Information contained in this Disclosure is believed by the Plan
Administrator to be accurate as of December 2023 but is not guaranteed by the Plan Administrator
and is subject to change without notice.
Amounts invested under the Plan are not guaranteed or insured by the State of Washington, the
Boar
d, the Plan, or any other state agency or subdivision of the State of Washington, or any state
official. In addition, the Plan is not guaranteed or insured by any federal agency, including the FDIC,
except to the extent described in this Plan Disclosure in the case of the Cash Option. Investment
returns will vary depending upon the performance of the Portfolios selected in your Account. You
could lose money by investing in an Account.
Qualified ABLE Programs offered by other states may offer tax or other benefits to taxpayers or residents
of th
ose states that are not available in the Plan, and taxpayers or residents of those states should
consider their state tax treatment and other benefits, if any, before making an investment decision.
Qualified ABLE Programs are intended to be used only to save for Qualified Disability Expenses. These
Plans are not intended to be used, nor should they be used, by any taxpayer for the purpose of
evading federal or state taxes or tax penalties. Taxpayers may wish to seek tax advice from an
independent tax advisor based on their own particular circumstances.
Account owners should periodically assess, and if appropriate, adjust their investment choices with
thei
r time horizon, risk tolerance and investment objectives in mind.
Investing is an important decision. Please read this Plan Disclosure and Participation Agreement in its
enti
rety before making an investment decision. The Plan Disclosure contains important information
about the Plan, including, among other information, eligibility for opening an Account; the risks of
investing in the Plan; certain limitations and restrictions that will apply to your use of the money in
the Plan; the tax treatment of contributions, earnings, and distributions from an Account; and the fees
you will pay for having an Account in the Plan.
3
Plan Disclosure
The Plan Disclosure and the Participation Agreement were created to support the marketing of the
Plan and not intended to constitute, nor do they constitute, investment, legal, or tax advice.
No broker, dealer, salesperson, or any other person has been authorized by the Plan Officials, or the
Plan
to give any information or to make any representations other than those contained in this Plan
Disclosure and, if given or made, the other information or representations must not be relied upon as
having been authorized by the Board, the Plan Manager, the Investment Consultant, or the Plan.
The Plan is intended for Beneficiaries who are residents of Washington State Non-resident
Ben
eficiaries are encouraged to consider “ABLE for ALL,” which can be found at ableforall.com.
4
Table of Contents
Plan Disclosure.............................................................................................................. 2
Introduction to the Plan and Summary........................................................................ 7
Getting Started............................................................................................................. 12
Eligibility to Open an ABLE Account.......................................................................................................12
One Account Rule
..................................................................................................................................12
Authorized Legal Representative / Beneficiary Representative
.............................................................13
Successor Beneficiary
............................................................................................................................13
Social Security Act Eligibility Certification Requirements
.......................................................................14
Diagnosis-Based Eligibility Certification Requirements
..........................................................................14
Eligibility Requirements are Subject to Federal Law and May Change 15 ................................
Opening Your ABLE Account
.................................................................................................................15
Choosing Investment Options
................................................................................................................15
Contributing to Your ABLE Account.......................................................................... 16
Who Can Contribute ...............................................................................................................................16
Minimum Contributions
...........................................................................................................................16
How You Can Contribute to Your ABLE Account
...................................................................................16
Annual Contribution Limit
.......................................................................................................................17
Attempted Contributions over the Annual Contribution Limit
..................................................................18
Maximum Account Balance Limit
...........................................................................................................18
Attempted Contributions over the Maximum Account Balance Limit
......................................................18
Unit Value
...............................................................................................................................................19
Using Your ABLE Account.......................................................................................... 20
Types of Withdrawals .............................................................................................................................20
Types of Rollovers
..................................................................................................................................21
Withdrawals
............................................................................................................................................22
Transfers among Investment Options
....................................................................................................24
Sibling of Beneficiary
..............................................................................................................................24
Low Balance Accounts
...........................................................................................................................24
Zero-Balance Accounts
..........................................................................................................................24
..................
Table of Contents
5
Social Security and Medicaid Considerations .......................................................... 25
The Social Security Administration (SSA) ..............................................................................................25
Medicaid
.................................................................................................................................................28
Supplemental Nutrition Assistance Program (SNAP)
.............................................................................30
U.S. Department of Housing and Urban Development (HUD)
...............................................................30
Cost of Your ABLE Account ....................................................................................... 31
Fees and Expenses................................................................................................................................31
Account Maintenance Fee
......................................................................................................................31
Prepaid Card Fees*
................................................................................................................................32
Rollover
..................................................................................................................................................32
E-Delivery Fee Waiver
............................................................................................................................32
Fees for Additional Services
...................................................................................................................32
Investment Cost Example ........................................................................................... 34
Approximate Cost of $10,000 Investment ..............................................................................................34
Risks of Investing in the Plan..................................................................................... 35
Investment Choices..................................................................................................... 40
Overview.................................................................................................................................................41
The Investment Options
.........................................................................................................................41
Summaries of the Underlying Investments
.............................................................................................46
Description of the Underlying Investments
.............................................................................................47
Explanation of Fund Risks
......................................................................................................................52
Requesting additional Information about the Funds
...............................................................................60
Performance
...........................................................................................................................................61
Federal Tax Considerations........................................................................................ 62
Tax Regulations......................................................................................................................................62
Qualified ABLE Program
........................................................................................................................63
Eligible Individual
....................................................................................................................................63
One Account Rule
..................................................................................................................................63
Federal Tax Information
.........................................................................................................................64
Withdrawals
............................................................................................................................................64
Change of Beneficiary
............................................................................................................................65
6
Table of Contents
Earnings .................................................................................................................................................66
Gift Tax and GST Tax.............................................................................................................................66
Estate Tax ..............................................................................................................................................66
Medicaid Recapture................................................................................................................................66
Eligib
ility for Saver’s Credit.....................................................................................................................67
Oversight of the Plan................................................................................................... 68
The Plan and the Trust ...........................................................................................................................68
Plan Governance....................................................................................................................................68
Plan Manager .........................................................................................................................................68
Investment Consultant............................................................................................................................68
Custodian ...............................................................................................................................................69
The Bank ................................................................................................................................................69
Partner State ..........................................................................................................................................69
Reporting...................................................................................................................... 70
ABLE Account Statements .....................................................................................................................70
Reports to Social Security ......................................................................................................................70
Financial Statements ..............................................................................................................................70
Electronic Delivery..................................................................................................................................70
Important Legal Information ....................................................................................... 71
No Pledging of Account Assets ..............................................................................................................71
Beneficiary as Account Owner ...............................................................................................................71
No Sale or Exchange..............................................................................................................................71
Bankruptcy and Related Matters ............................................................................................................71
Unclaimed Funds....................................................................................................................................72
Plan Privacy Policy .................................................................................................................................72
Important Definitions................................................................................................... 75
Participation Agreement ............................................................................................. 82
7
Introduction to the Plan and Summary
The Washington State ABLE Savings Plan
The Washington State ABLE Savings Plan is a Qualified ABLE Program offered by the
Governing Board of the Washington State Achieving a Better Life Experience Program (Board).
The Plan is designed to provide Eligible Individuals a means to save for disability-related
expenses. Withdrawals are tax-free if used to pay for Qualified Disability Expenses.
This section provides highlights of the features of the Plan and tells you the section and page
number where you can find more complete information about each topic. Capitalized terms
used in this section are defined in “Important Definitions” or elsewhere in this Plan Disclosure.
Getting Started (page 12)
The Plan is open to Eligible Individuals who are U.S. citizens or resident aliens and Washington
residents. For purposes of your Account, the Eligible Individual is both the Account Owner and
the Beneficiary. This section describes who is considered an Eligible Individual, how to open an
Account, how a Beneficiary Representative or an Authorized Legal Representative can open an
Account on behalf of an Eligible Individual, and how to choose Investment Options. This
section also details the eligibility certification requirements of opening an Account.
Contributing to Your ABLE Account (page 16)
This section discusses how to make contributions to your Account. The minimum initial
contribution amount is $25. The minimum subsequent contribution amount is $10. This
section also discusses the annual and maximum contribution limits and how to make ABLE to
Work Contributions for your Account. The Maximum Account Balance Limit of your Account is
$500,000. Accounts that have reached the Maximum Account Balance Limit cannot continue
to accept contributions. The annual contribution limit is currently $18,000 and ABLE to Work
Contributions, if applicable, can increase that annual contribution limit by an additional
$14,580 for contributions made in 2024.
Using Your ABLE Account (page 20)
This section discusses how you can use your Account. In order for distributions to be made
tax-free, your Account must be used to pay Qualified Disability Expenses. These expenses
include expenses related to the Beneficiary’s education, housing, transportation, employment
training and support, assistive technology and personal support services, health, prevention
and wellness, financial management and administrative services, legal fees, expenses for
oversight and monitoring, funeral and burial expenses, and other expenses that may be
identified from time to time by the IRS.
8
Introduction to the Plan and Summary
This section also discusses how to make distributions using the ABLE Prepaid Card, explains
the different types of withdrawals Qualified Withdrawals and Non-Qualified Withdrawals
from your Account, and explains how to rollover assets between two Qualified ABLE Programs
and between a 529 Plan and a Qualified ABLE Program. It is important to note that Non-
Qualified Withdrawals are subject to federal income tax and the Penalty Tax.
Social Security and Medicaid Considerations (page 25)
The Social Security Administration (SSA) and the Center for Medicare and Medicaid Services
(CMS) have issued guidance regarding the impact of an Account on eligibility for the
Supplemental Security Income program (SSI), Social Security Disability Insurance (SSDI) and
Medicaid. Generally, up to $100,000 held in your Account will be disregarded for purposes of
determining the Beneficiary’s eligibility to receive benefits under SSI. In addition, according to
CMS, state Medicaid agencies should disregard all funds, including earnings, in your Account
in determining your resource eligibility (if you are subject to a resource test), with certain
exceptions. This section provides a summary of this guidance along with examples that may
assist you in understanding the interaction of your Account with disability-related benefits.
You may change your Investment Options for balances currently in your Account up to two
tim
es per calendar year, or if you change your Beneficiary to an Eligible Individual who is a
Sibling of the Beneficiary. You can apply new contributions to your existing Portfolio selections,
or to new Portfolios.
Cost of your ABLE Account (page 31)
The Plan has no commissions, loads, or sales charges. The Total Annual Asset-Based Fee
varies from 0.30% to 0.3538%, depending upon the Portfolio(s) you choose. In addition, we
charge an Annual Account Maintenance Fee of $35 to each Account. We also charge certain
transaction-based fees that may apply to your Account, including debit card Fees if you choose
to use the ABLE Prepaid Card. In this section, you can find a detailed description of the Fees
associated with your Account.
Investment Cost Example (page 34)
This section provides an example of what the cost of your Account could be over a one year,
three year, five year and 10 year period.
Risks of Investing in the Plan (page 35)
As with any investment, there are risks involved in investing in the Plan, including the risk of
investment losses. Investments in the Plan are not guaranteed or insured except to the extent of the
FDIC insurance applicable to the Cash Option. Other risks include the risk of changes in federal
9
Introduction to the Plan and Summary
and state laws, including federal and state tax laws; the risk of the potential impact of SSI and
Medicaid eligibility, including the impact of taking a Non-Qualified Withdrawal, and the risk of Plan
changes, including changes in Fees.
To learn more about the risks, please thoroughly read and carefully consider the information in
the
section and throughout this Plan Disclosure, and ask your tax, legal and investment
professionals about these risks before deciding to enroll in the Plan.
The Investment Options (page 41)
When you enroll in the Plan, you choose to invest in at least one of four different investment
approaches, based upon your investing preferences and risk tolerance. You can choose between
the Cash Option, the ABLE Conservative Investment Option, the ABLE Moderate Investment
Option, and the ABLE Aggressive Investment Option.
The Cash Option
The Cash Option is designed to protect the principal contributed to your Account. The Cash
Option deposits 100% of its funds into an account with The Bank of New York Mellon (Bank).
The ABLE Conservative Investment Option
The ABLE Conservative Investment Option seeks to provide current income and some growth
by investing in a portfolio of mutual funds intended to produce an overall investment exposure
of approximately 20% equities and 80% fixed income. This Investment Option is designed for a
shorter investment period.
The ABLE Moderate Investment Option
The ABLE Moderate Investment Option seeks to provide a combination of growth and current
income by investing in a portfolio of mutual funds intended to produce an overall investment
exposure of approximately 50% equities and 50% fixed income. This Investment Option is
designed for a medium investment period.
The ABLE Aggressive Investment Option
The ABLE Aggressive Investment Option seeks to provide the potential to grow by investing in a
portfolio of mutual funds intended to produce an overall investment exposure of approximately
80% equities and 20% fixed income. This Investment Option is designed for a longer
investment period.
Introduction to the Plan and Summary
10
Performance (page 61)
This section provides historical performance information for each of the Portfolios.
Tax Considerations (page 62)
As a Qualified ABLE Program, the Plan offers federal tax benefits, including tax-deferred earnings.
Any earnings withdrawn from your Account are free of federal income tax when used to pay
Qualified Disability Expenses. If you take a Non-Qualified Withdrawal, any earnings are subject to
federal and applicable state income taxes and an additional 10% federal tax penalty (Penalty Tax).
Learn more about the tax considerations associated with investing in the Plan by thoroughly
rev
iewing this section. Before you invest, you should consult an independent tax advisor regarding
the application of tax laws to your particular circumstances.
Oversight of the Plan (page 68)
This section summarizes the administration of the Plan.
The Board administers and provides oversight of the Plan.
The Washington State Department of Commerce supports the Plan based on the
Boa
rd’s direction.
Effective February 1, 2022, the Program Manager, Sumday Administration LLC, was
acqui
red by Vestwell Holdings, Inc. Sumday Administration LLC has been renamed
Vestwell State Savings, LLC. Vestwell State Savings will continue to have overall
responsibility for the Washington State ABLE Savings Plan day-to-day operations,
including recordkeeping, customer service, and administrative services.
Sellwood Consulting, LLC provides investment consulting services to the Plan.
Reporting (page 70)
This section describes the quarterly and annual statements you will receive regarding your Account.
This section also describes the tax reports provided to the IRS and the monthly reports provided to
the SSA. You have the option of receiving all your Plan documents electronically. Electronic delivery
will eliminate the $10 additional annual fee for printing and mailing paper documents.
Important Legal Information (page 70)
In this section you will learn about the rights and obligations associated with your Account,
considerations related to changes to your Account, this document, and state and federal laws,
and claims against your Account.
Introduction to the Plan and Summary
11
Important Definitions (page 75)
This section provides definitions of terms contained in this Plan Disclosure. Note that terms
defined in this section (other than you, your, we, us, and our) appear with initial capital letters
when referenced in this document.
Participation Agreement (page 82)
In this section, we ask you to review and acknowledge your rights and responsibilities in connection
with your enrollment in the Plan. You must review this agreement in detail prior to completing an
Enrollment in the Plan. Upon enrolling in the Plan you will be prompted to acknowledge your
understanding of, and agreement with the terms, conditions and information contained in the Plan
Disclosure and the Participation Agreement.
12
Getting Started
This section discusses who is eligible to open an Account in the Plan and how to do it. We have
designed the Plan to be best opened and maintained online. This maximizes efficiency and
customer service.
Eligibility to Open an ABLE Account
In order to open an Account, the Beneficiary must be an Eligible Individual under Section
529A. An individual is an Eligible Individual for a taxable year if, during that year, either the
individual is entitled to SSI or SSDI benefits based on blindness or disability under Title II or
XVI of the Social Security Act (Social Security Act Eligibility), or a disability certification
meeting specified requirements is made under penalties of perjury (Diagnosis-Based Eligibility).
In all cases, the blindness or disability must have occurred before the Eligible Individual turns
age 26. To participate in the Plan, the Beneficiary must be a resident of the State of
Washington. The Beneficiary of an Account is also the Account Owner of the Account.
One Account Rule
No Beneficiary may have more than one ABLE account at the same time, other than in the case
of the 60-day transition period for Rollovers (One Account Rule). If you have previously had an
ABLE account that has been closed, you may still open an Account in the Plan as long as you
are an Eligible Individual. As part of the enrollment process, the Beneficiary will be required to
certify under penalties of perjury that he or she has no other ABLE account. If a Beneficiary
has more than one ABLE account open at the same time (other than in the case of a 60-day
transition period for Rollovers), the later-opened account(s) will not be treated as ABLE
account(s) under Section 529A and will not be eligible for the benefits of ABLE accounts. For
example, monies contributed to a second or subsequent ABLE account will not be disregarded
for determining eligibility under federal means-tested programs, such as SSI, and could result
in the imposition of federal taxes and the Penalty Tax.
Getting Started
13
Authorized Legal Representative / Beneficiary Representative
An Eligible Individual may select any other individual to open an Account on their behalf. This
person is referred to as a Beneficiary Representative. In addition, if the Eligible Individual is not
able to open their ABLE Account, an Authorized Legal Representative may act on the
Beneficiary’s behalf with respect to the Account. Any of the following individuals or entities may
act as an Authorized Legal Representative in the following order of priority:
an Eligible Individual’s agent under a power of attorney
a conservator or legal guardian
a spouse
a parent
a sibling
a grandparent
an SSA representative payee (individual or organization).
If an Authorized Legal Representative opens an Account on behalf of an Eligible Individual, the
Authorized Legal Representative must self-attest/certify to the basis for acting as the Authorized
Legal Representative and must also certify that there is no person with a higher priority who is
willing and able to act on the Beneficiary's behalf regarding the Account.
According to IRS guidance, neither the Beneficiary Representative nor Authorized Legal
Representative may have, nor acquire, any beneficial interest in the Account during the
Beneficiary’s lifetime and must administer the Account for the benefit of the Beneficiary. If you
have a Beneficiary Representative or an Authorized Legal Representative for your Account, only
the Beneficiary Representative or Authorized Legal Representative, as applicable, may make
changes to your Account.
Successor Beneficiary
Successor Beneficiary refers to an individual that the Beneficiary, Beneficiary Representative,
or Authorized Legal Representative, as applicable, designates as a Successor Beneficiary to the
Account upon the death of the Beneficiary. The Successor Beneficiary for an Account must be
a Sibling of the Beneficiary, and must also have a qualifying disability.
Getting Started
14
Social Security Act Eligibility Certification Requirements
If you seek to open an Account based on Social Security Act Eligibility, the Tax Regulations
provide that we may determine the evidence required to establish your eligibility. We currently
require that an individual who claims Social Security Act Eligibility must certify under
penalties of perjury that he or she is entitled in the then current year to receive SSI or SSDI
benefits, as applicable.
More information about benefits based on blindness or disability under Title II or XVI of the
Social Security Act is available online at ssa.gov/disability/professionals/bluebook/general-
info.htm. You can also contact your local Social Security field office. The Eligible Individual
must also certify that the disability or blindness occurred before age 26.
Diagnosis-Based Eligibility Certification Requirements
If you assert Diagnosis-Based Eligibility to open an Account, based on the Tax Regulations and
guidance from the IRS, we currently require that you certify under penalties of perjury that the
Eligible Individual:
1. has a medically determinable physical or mental impairment which results in marked or
severe functional limitations (within the meaning of the Social Security Act) and which
i.
can be expected to result in death or
ii.
has lasted or can be expected to last for a continuous period of not less than 12
months; or
2.
is blind (within the meaning of the Social Security Act).
The Eligible Individual must also certify that the disability or blindness occurred before age 26.
We further require that you certify under penalties of perjury that the Eligible Individual has
received a written diagnosis relating to the disability from a licensed physician (as defined in
Section 1861(r) of the Social Security Act, 42 U.S.C. 1395x(r)). You must also agree to retain and
provide a copy of the physician’s written diagnosis and related information to us upon request. If
you fail to provide the requested information within 30 days of any request, we reserve the right
to reject further contributions to your Account until the requested information is provided.
Getting Started
15
Eligibility Requirements are Subject to Federal Law and May Change
Eligibility requirements are based on a good faith interpretation of federal law and the Tax
Regulations and are subject to change at any time. None of the Plan Officials will have any
responsibility or liability for an individual’s failure (or their Beneficiary Representative’s or
Authorized Legal Representative’s failure) to establish eligibility to open an Account or maintain
eligibility to continue to make contributions to or withdrawals for Qualified Disability Expenses
from an Account.
Opening Your ABLE Account
To open an Account, you must first complete and submit an Enrollment Form. The Enrollment
Form, the Participation Agreement, and this Plan Disclosure govern the terms of your Account.
The Enrollment Form requires you to provide us with certain information, including your
eligibility to open an Account, the Portfolio(s) you would like to invest contributions in, your
name, address, date of birth, Social Security Number, and other information that will allow us
to identify you. Until you provide the information needed, we will not be able to open your
Account or allow you to contribute to your Account.
You may complete and submit the Enrollment Form online on our website at
washingtonstateable.com/forms. You may also download an Enrollment Form through our
web
site and mail the completed Form to us.
Choosing Investment Options
The Board has established four Investment Options for the Plan. To complete your Enrollment
Form, you must select the Investment Option(s) to which your contributions will be allocated. You
may select any of the Investment Options.
After you have completed an Enrollment Form, you may change your Investment Option
elect
ion(s) by transferring funds in your Account to different Investment Options. Any changes to
your Investment Options are subject to a combined maximum of two changes per calendar year.
If you choose to change your Investment Options, you may do so online. You may also download a
Change Investment Option Form through our website, and mail the completed Form to us to make
these changes.
16
Contributing to Your ABLE Account
Who Can Contribute
Anyone (including your friends and family), a corporation, trust, or other legal entity may make a
contribution to your Account. All contributions regardless of who initiates them are subject to the
Annual Contribution Limit. However, any contribution to your Account may have gift or other tax
consequences to the contributor. The Beneficiary is the owner of the Account. Contributions by
third parties (i.e., anyone other than the Beneficiary) will become the property of the Beneficiary.
Minimum Contributions
The minimum initial contribution amount is $25 per Account. The minimum subsequent
contribution amount is $10 per Account.
How You Can Contribute to Your ABLE Account
You can contribute to your Account by the following methods:
check (excluding starter and cashier’s checks)
automatic contribution plan
electronic funds transfer (EFT) from a linked bank account
direct deposit (if your employer provides for payroll direct deposit and agrees to
sub
mit contributions on our behalf)
by direct deposit of Social Security or SSI benefits
a Rollover from another Qualified ABLE Program or 529 Plan
a contribution by a third party.
See Using Your ABLE Account for more information about Rollovers.
When making a contribution, please note the following:
Checks should be made payable to “Washington State ABLE Savings Plan.”
Contributions by check must be drawn on a banking institution located in the
United States in U.S. dollars.
You can contribute through an automatic contribution plan. Changes can be made
to y
our automatic contribution plan online or with a paper form you can download
from our website or by calling Customer Service.
Contributing to Your ABLE Account
17
EFTs allow you to make contributions from your linked bank account online
through our website: sumday.com/washington-able/login
You may contribute to the Plan by payroll direct deposit if your employer provides
this option. You can initiate the payroll direct deposit process from our website by
logging into your Account. You will be provided with instructions that you also need
to print and submit to your employer.
You may directly deposit Social Security or SSI benefits to your Account. You can
initiate the direct deposit process from our website by logging into your account.
You will then be provided with instructions to complete the process on the Social
Security Administration website.
You may contribute to the Plan through a Rollover by completing the appropriate
section of the Enrollment Form and the applicable rollover account form.
Gifts may be made by third parties by check or online via a bank account. To make a
contribution by check, download the Gifting Form from our website, attach a check
and mail both to the address provided on the form. To receive online gifts, you must
first create an online gifting page for your Account. Third parties can then contribute
via the E-Gifting link. Fees may be assessed for E-Gifting.
For further information on acceptable methods of payment, please call Customer Service at 844-
600-2253 (from 6am5pm Pacific Time Zone (PT). Individuals with speech or hearing disabilitie
s
can dial 711 to access Telecommunications Relay Service (TRS) from a telephone or TTY
.
Annual Contribution Limit
The Plan’s Annual Contribution Limit is currently $18,000, plus contributions from a
Beneficiary's income, if any, as described below. In addition to the Annual Contribution Limit,
a working Beneficiary is allowed to contribute an additional amount (an ABLE to Work
Contribution) up to the lesser of:
1. the Beneficiary’s compensation for the taxable year; or
2.
an amount equal to the Federal Poverty Level for a one person household as determined for
the preceding calendar year of the tax year in which contributions are made ($14,580 f
or
contributions made in 2024).
If you or your employer is contributing to a defined contribution plan (section 414(i) of the
Code), annuity plan (403(b) plan), or deferred compensation plan (457(b) plan) in the same
calendar year, you will not be eligible to make ABLE to Work Contributions.
Contributing to Your ABLE Account
18
Attempted Contributions over the Annual Contribution Limit
We will not knowingly accept contributions that would cause your Account to exceed the
Annual Contribution Limit (Excess Contributions). In the event that we inadvertently accept an
Excess Contribution, the Plan Manager will make a good-faith effort to return the Excess
Contribution, plus any earnings on the Excess Contribution less any amounts attributable to
market losses suffered between the date of the Excess Contribution and the date of refund to
the contributor.
If you identify any Excess Contributions, you must request a return of the contributions from
us o
n or before the day prescribed by law (including extensions of time) for filing tax returns for
the taxable year in which the contribution was made.
Excess Contributions inadvertently applied to your Account and not returned to the
cont
ributor on or before the due date (including extensions) of your income tax return for the
year in which the Excess Contributions were made will result in the imposition on the
Beneficiary of a six percent (6%) excise tax on the amount of Excess Contributions.
The Account Owner or contributor must timely request the return of any Excess Contributions
in order to avoid the excise tax. See Federal Tax Considerations for more information.
Maximum Account Balance Limit
The Maximum Account Balance of your Account cannot exceed $500,000. Accounts that have
reached the Maximum Account Balance Limit may continue to accrue earnings but cannot
continue to accept contributions. This limit may change over time. Once the ABLE Account
balance falls below the Maximum Account Balance Limit, contributions may resume, subject to
the same limitations.
Attempted Contributions over the Maximum Account Balance Limit
The Plan Manager will not knowingly accept contributions that would exceed the Maximum
Account Balance Limit (Excess Aggregate Contributions). In the event that we inadvertently
accept Excess Aggregate Contributions Plan, we will make a good-faith effort to return the
Excess Aggregate Contributions, plus any earnings on the Excess Aggregate Contributions, to
the contributor.
Contributing to Your ABLE Account
19
Unit Value
Contributions to your Account are applied to the purchase of Units of the Portfolio(s) you
select. We will process Account transaction requests (e.g., contributions, withdrawals, and
transfers) at the Unit value of the applicable Portfolio determined after the close of trading on
the Business Day your Account transaction request is received in Good Order by the Plan
Manager. Good Order means we have received your contribution (the money you want to
invest) and you have correctly filled out all the necessary information to enroll in the Plan or to
instruct us to take an action on your behalf (such as to make a contribution or a withdrawal).
We will process a transaction request received in Good Order on a Business Day before the
close
of regular trading (usually 4:00 p.m. Eastern time) on the New York Stock Exchange
(NYSE) at the Unit value of the Portfolio you’ve invested in, determined after the close of regular
trading on the NYSE. We will process an Account transaction request received in Good Order
on a Business Day after the close of regular trading on the NYSE or on a day when the NYSE is
not open for trading at the Unit value of the Portfolio determined after the close of regular
trading on the NYSE on the next Business Day. We will not process transaction requests on
holidays or other days when the NYSE is closed for any reason. We also reserve the right to
refrain from processing transaction requests during any time when trading is restricted by the
Securities and Exchange Commission or under any emergency circumstances.
The value of a Unit in each Portfolio is computed by dividing (1) a Portfolio’s assets less any
liab
ilities allocated to that Portfolio by (2) the number of outstanding Units of the Portfolio.
Using Your ABLE Account
20
Using Your ABLE Account
Types of Withdrawals
Each withdrawal you make from your Account will fall into one of the following categories:
1. Qualified Withdrawal
2. Non-Qualified Withdrawal
Qualified Withdrawal
A Qualified Withdrawal is a withdrawal from your Account that is used to pay for any Qualified
Disability Expenses of the Beneficiary. Qualified Disability Expenses are any expenses that (1)
are incurred at a time when the Beneficiary is an Eligible Individual, (2) relate to the blindness
or disability of the Beneficiary, and (3) are for the benefit of the Beneficiary in maintaining or
improving his or her health, independence, or quality of life. These expenses include expenses
related to the Beneficiary’s education, housing, transportation, employment training and
support, assistive technology and personal support services, health, prevention and wellness,
financial management and administrative services, legal fees, expenses for oversight and
monitoring, funeral and burial expenses, and other expenses that may be identified from time
to time by the IRS.
Non-Qualified Withdrawal
A Non-Qualified Withdrawal is any withdrawal that is not: (1) a Qualified Withdrawal; or (2) a
Rollover. The earnings portion of a Non-Qualified Withdrawal is subject to federal income
taxation and the Penalty Tax except in certain limited circumstances.
Using Your ABLE Account
21
Types of Rollovers
A Rollover is a transfer of funds by any of the following methods. A Rollover can be a direct
Rollover or an indirect Rollover.
1. ABLE to ABLE Rollover
2. 529 Plan account to ABLE Rollover
Direct Rollover
You can rollover assets directly from a 529 Plan or another Qualified ABLE Program into an
Account in the Plan. In a direct Rollover, the movement of funds is coordinated by the 529 Plan
or the original Qualified ABLE Program and the Plan.
Indirect Rollover
You can contribute assets that have been withdrawn from a 529 Plan account or another
Qualified ABLE Program into an Account in the Plan. In an indirect rollover, the movement of
funds is coordinated by the account owner(s). For both a Rollover from a 529 Plan account or
another Qualified ABLE Program, the Rollover must be completed within 60 days of the
withdrawal from the original account.
Sources of Funds for Rollovers
ABLE to ABLE Rollover
A tax-free Rollover of funds into an Account from another Qualified ABLE Program may be made
if the Beneficiary of the Account in the Plan is the same beneficiary or a Sibling of the
Beneficiary of the original account and is an Eligible Individual. Both a direct and an indirect
Rollover can be initiated by completing the ABLE to ABLE Rollover Form and delivering the
completed Form to the Plan Manager. In order to receive the benefits of an ABLE Account,
including favorable tax and benefits treatment, the account from which the funds are withdrawn
must be closed within 60 days of the withdrawal. Before we can open an Account, we require
you to certify that the account from which the Rollover is being made has been closed.
A transfer of funds that does not meet the conditions stated above for Rollovers will constitute
a N
on-Qualified Withdrawal subject to federal tax on earnings and the Penalty Tax. In addition,
a transfer to a person who is not a Sibling of the Beneficiary may subject the Beneficiary to
federal gift and generation-skipping transfer (GST) tax. The Plan Manager will treat the entire
amount of a Rollover contribution from another Qualified ABLE Program as earnings in the
Account receiving the contribution unless the Plan Manager receives appropriate
documentation showing the actual earnings portion of the Rollover contribution.
Using Your ABLE Account
22
If you are attempting to contribute to the Plan via a Rollover, the qualified ABLE program from
which you are transferring funds may restrict or prohibit a transfer or impose charges, so you
should investigate this change thoroughly before requesting a transfer.
529 Plan Account to ABLE Rollover
Assets in a 529 Plan account generally may be transferred without adverse federal tax
consequences to an ABLE Account for the same beneficiary of the 529 Plan or a member of the
family (as defined in Section 529 of the Code) of that beneficiary as long as the contribution is
made to an ABLE Account within 60 days from the date of the withdrawal from the 529 Plan
account. These Rollovers are subject to the Annual Contribution Limit for Plan Accounts. A
Rollover that does not meet the requirements of Section 529 of the Code will not be considered
a qualified withdrawal for Section 529 purposes and will be subject to federal and applicable
state income taxes and penalty taxes, except in limited circumstances.
A Rollover can be initiated by delivering the appropriate completed 529 Plan to ABLE Rollover
for
m to the Plan Manager. In addition, we must receive a statement issued by the distributing
529 Plan that reflects both the principal and earnings attributable to the Rollover amount.
Until this documentation is received, the entire amount of the rollover contribution will be
treated as earnings, which is subject to federal and applicable state taxation if you take a Non-
Qualified Withdrawal. Further, the 529 Plan from which you are transferring funds may
restrict or prohibit a transfer of funds or impose charges. The state tax treatment of these
Rollovers is determined by each individual state. You should consult a tax advisor before
transferring funds from an account in a 529 Plan to your Account.
It is important to note that 529 Plan to ABLE Rollovers are treated by the Plan as contributions
for
the purpose of calculating the Annual Contribution Limit. Therefore, the maximum 529
Plan to ABLE Rollover is $18,000, LESS any other contributions made to the Account for the
current tax year. Excess contributions will be returned in their entirety.
Withdrawals
Procedures for Withdrawals
Only you, as the Beneficiary, or, if one has been named, your Beneficiary Representative or
Authorized Legal Representative, may direct withdrawals from your Account. Withdrawals may
only be made to you or for your benefit, except for Rollovers out of the Plan and returns of
Excess Contributions or Excess Aggregate Contributions.
To initiate a withdrawal online, visit washingtonstateable.com and sign into your Account. You
may
also download a Withdrawal Form from our website and mail the completed Form to us.
There are restrictions on the availability of funds for withdrawal:
Using Your ABLE Account
23
Contributions received from a Beneficiary, Beneficiary Representative or Authorized
Legal Representative will be subject to a five (5) Business Day holding period before
the funds are available for withdrawal.
Gift contributions from a third party will be subject to a five to ten (5-10) Business
Day holding period before the funds are available for withdrawal
.
A change in mailing address will result in a fifteen (15) calendar day holding period
before physical checks can be requested and mailed to the new address of record
.
A change in bank account will result in a ten (10) calendar day holding period before
EFTs can be requested and sent to the new linked bank account.
Withdrawals using a Prepaid Card
The ABLE Prepaid Card is issued by Sunrise Banks N.A. (Issuing Bank) in accordance with the
terms of the Cardholder Agreement established by the Issuing Bank. The Prepaid Card
program is managed by True Link Financial.
Beneficiaries can request a Prepaid Card at the Prepaid Card program’s website managed by
True Link Financial: https://washington-able.truelinkfinancial.com/enroll. To sign up for a
Prepaid Card, you must first have a valid Account. When you sign up for your Prepaid Card
account, you will be required to agree to the Issuing Bank’s Privacy Policy and a separate
Cardholder Agreement with the Issuing Bank. You will also be subject to any additional card
account related fees documented in the Issuing Bank’s schedule of fees.
You can load your Prepaid Card and track your transaction activity directly from your online
Prepaid Card account via the True Link website. Loading your Prepaid Card is treated like any
other withdrawal and does not count toward the annual limit of only two investment exchanges.
A maximum of 95% of your available Account balance can be withdrawn to load onto your Prepaid
Card, subject to the daily and monthly card maximums set by the Issuing Bank. You may not add
funds to your Prepaid Card account from any other source, including credit cards, debit cards,
bank accounts, cash, or by sending personal checks, cashier’s checks, retailer load networks (e.g.,
Green-Dot, MoneyGram, Western Union, etc.), or money orders to the Issuing Bank.
You may not use your Prepaid Card for online gambling or illegal transactions. You can use the
Prepaid Card for Qualified Disability Expenses online or in stores all over the U.S. that accept
VISA cards.
Using Your ABLE Account
24
If your Card Account has a zero or negative balance, and has had a negative balance for four or
more consecutive months, True Link may automatically close your card without advance notice.
Please see the True Link Master Services Agreement for important disclosures and additional
details of using the Prepaid Card and Cost of Your ABLE Account for Prepaid Card fee
info
rmation.
Transfers among Investment Options
You may move funds from your current Investment Option(s) to a newly selected Investment
Option twice per calendar year. You may also move funds from one Investment Option to another
upon a change in Beneficiary to an Eligible Individual who is a Sibling of the Beneficiary.
Sibling of Beneficiary
A Sibling of the Beneficiary is any sibling of the Beneficiary, whether by blood or adoption. A Sibling
of the Beneficiary includes a brother, sister, stepbrother, stepsister, half-brother, and half-sister.
Low Balance Accounts
Please note that we may close your Account if your balance falls below the minimum initial
contribution amount of $25 and there has been no activity other than fees in the preceding 12
months. Any remaining proceeds from your Account will be sent to you via check to the
address of record for your Account.
Please note that if those proceeds are not used for Qualified Disability Expenses, there may be
neg
ative tax consequences. See Federal Tax Considerations beginning page 62 for additional
info
rmation.
Zero-Balance Accounts
If your Account has a zero balance, you will no longer be charged the Account Maintenance Fee.
However, if the Account has a zero balance for 12 months or more, it may be closed. If closed, to
reinstate the Account, you or your Beneficiary Representative or Authorized Legal Representative
must call Customer Service at 1-844-600-2253. Individuals with speech or hearing disabilities
may dial 711 to access Telecommunications Relay Service (TRS) from a telephone.
25
Social Security and Medicaid Considerations
The Social Security Administration (SSA) has issued guidance on how it will treat Accounts for
purposes of determining eligibility under SSI. The description below is derived from publicly
available sources and is only provided for informational purposes. It is not intended to be
exhaustive and is subject to change at any time. You should consult a qualified special needs or
benefits planner about how federal laws relate to means-tested benefits, Washington laws relating
to means-tested benefits, or the laws of your state of residence apply to your circumstances.
The Social Security Administration (SSA)
Exclusions from Income
SSA will exclude from the income of the Beneficiary any of the following:
Contributions to an Account. This includes Rollovers from a Sibling of the
Ben
eficiary’s Account to the Beneficiary’s Account if the Beneficiary is an SSI
recipient. Note, however, that SSA will not deduct contributions from the countable
income of the person who makes the contribution. The fact that a person uses his or
her income to contribute to an Account does not mean that income is not countable
for SSI purposes. For example, a Beneficiary can have contributions automatically
deducted from his or her paycheck and deposited into his or her own Account. In
this case, the income used to make the Account contribution would still be included
in the Beneficiary’s gross wages.
Any earning an Account receives.
Withdrawals from an Account.
Exclusions from Countable Resources
SSA will exclude from the Beneficiary’s countable resources a withdrawal from an Account for
Qualified Disability Expenses other than housing-related Qualified Disability Expenses. This
exclusion applies for as long as:
The Beneficiary maintains, makes contributions to, or receives withdrawals from
the
Account
The withdrawal is unspent, and
The withdrawal is identifiable.
Social Security and Medicaid Considerations
26
The exclusion applies even if the Beneficiary retains the withdrawal beyond the month in which
he or she received the withdrawal.
Example: Eric takes a withdrawal of $500 from his Account in June 2023 to pay for a
health-related Qualified Disability Expense. His health-related expense is not payable
until September, so Eric deposits the withdrawal into his checking account in June. Eric
maintains his Account at all relevant times, and the withdrawal is both unspent and
identifiable until Eric pays his health-related expense in September. The withdrawal is not
income in June and SSA will exclude the $500 from Eric’s countable resources in July,
August, and September.
Note: SSA will apply normal SSI resource counting rules and exclusions to assets or other
items purchased with funds from an Account.
Example: Fr
ed t
akes a withdrawal of $1,500 from his Account in September 2023 to buy
a wheelchair, which is a Qualified Disability Expense. The wheelchair is an excluded
resource in October and beyond because it is an individual’s personal property required
for a medical condition.
Expenses Included as Countable Resources
SSA will count the following types of withdrawals from an Account as countable resources, but
only if the Beneficiary retains the withdrawal beyond the calendar month in which he or she
received the withdrawal:
Withdrawals for expenses that are not Qualified Disability Expenses, and
Withdrawals for housing-related Qualified Disability Expenses
Social Security and Medicaid Considerations
27
Note: Remember, however, that if the amounts withdrawn from an Account are spent
within the same calendar month as they are received, then they will have no effect on SSI
eligibility that month, even if they fall into the above categories.
Example A: Amy takes a withdrawal of $500 from her Account in May to pay her June
rent. She deposits the $500 into her checking account in May and withdraws $500 in
cash on June 3 to pay her landlord. This withdrawal is a housing-related Qualified
Disability Expense and part of her checking account balance as of the first of June, which
makes it a countable resource by SSA for the month of June.
Example B: Jim takes
a withdrawal of $800 from his Account in August to pay his
August rent. He deposits the $800 into his checking account on August 3, and then
withdraws $800 in cash on August 5 and pays his landlord. Although this withdrawal is a
housing-related Qualified Disability Expense, it is not included as a countable resource
for Jim because he received the withdrawal in August and also spent it in August.
Account Balances over $100,000 Not Excluded
SSA will consider the amount by which an Account balance exceeds $100,000 as a countable
resource of the Beneficiary.
Example: Jennifer has $101,000 in her Account. SSA includes $1,000 as a countable
resource for Jennifer.
Suspension of SSI where Balance of Account Exceeds $100,000 by a
Certain Amount
A special rule applies when the balance of an SSI recipient’s Account exceeds $100,000 by an
amount that causes the recipient to exceed the SSI resource limit, whether alone or in
combination with other resources. When this happens, the recipient is put into a special SSI
suspension period during which:
SSA suspends the recipient’s SSI benefits without time limit (as long as he or she
remai
ns otherwise eligible)
the recipient retains continued eligibility for medical assistance (Medicaid), and
the individual’s eligibility does not terminate after 12 continuous months
of suspension.
Social Security and Medicaid Considerations
28
SSA will reinstate the recipient’s regular SSI eligibility for any month in which the individual’s
Account balance no longer causes the recipient to exceed the resource limit and they are
otherwise eligible.
The special rule does not apply where resources other than the ABLE account alone would
cause the SSI recipient to exceed the resource limit. In that case, SSI could suspend the SSI
recipient’s eligibility for Medicaid and terminate their eligibility for SSI if the suspension
continues for 12 months.
Example: Paul is the Beneficiary of an Account with a balance as of the first of the
month of $101,000. Paul’s only other countable resource is a checking account with a
balance of $1,500. Paul’s countable resources are $2,500 and therefore exceed the SSI
resource limit. Ho
wever, since Paul’s ABLE Account balance is causing him to exceed
the resource limit (i.e., his countable resources other than the Account are less than
$2,000), Paul’s SSI eligibility is suspended and his cash benefits stop, but he retains
eligibility for Medicaid.
Medicaid
Under Section 529A of the Code, following the death of the Beneficiary, any state may file a
claim against the Account for the amount of the total medical assistance paid for the
Beneficiary under the state’s Medicaid plan after the ABLE Account (or any account from which
amounts were rolled to the ABLE Account). The amount paid in satisfaction of a claim is not a
taxable distribution from the ABLE Account. Any amounts paid to the claiming state can be
made only after the payment of all outstanding payments due for the Qualified Disability
Expenses of the Beneficiary. These expenses include burial and funeral expenses of the
Beneficiary. Any amount payable to the claiming state will be reduced by the amount of all
premiums paid by or on behalf of the Beneficiary to a Medicaid Buy-In program under that
state’s Medicaid plan. Procedures for filing claims may vary from state to state. Beneficiary
Representatives, Authorized Legal Representatives and executors and administrators should
consider seeking legal counsel on the applicability of, and any available exceptions to, Medicaid
recapture under applicable state law and regulation.
Social Security and Medicaid Considerations
29
Guidance from the Centers for Medicare & Medicaid Services (CMS)
The following summarizes guidance issued by CMS available at its website, cms.gov.
Treatment of Funds in an ABLE Account
State Medicaid agencies should disregard all funds, including earnings, in a Qualified ABLE
Program account in determining the resource eligibility of Medicaid applicants and
Beneficiaries who are subject to a resource test.
Contributions to ABLE Accounts
Third party contributions to an ABLE account should be disregarded in determining Medicaid
eligibility, including distributions from a Special Needs Trust (SNT) or a pooled trust that is
deposited into the ABLE account of the SNT or pooled trust beneficiary.
Contributions by the Account Owner
If an Account Owner transfers some of their own (otherwise countable resources for
determining eligibility) resources to their ABLE account, there would be a corresponding
reduction in total countable resources. But, if an Account Owner transfers some of their
income in the month received to their ABLE account, there would not be a reduction in
countable income. Therefore, income deposited to an ABLE account by the Account Owner is
not disregarded from income, unless the state Medicaid office applies a less restrictive
approach, if available.
Withdrawals from ABLE Accounts
Like funds in and contributions to ABLE accounts, withdrawals from ABLE accounts are not
included in the Account Owner’s taxable income or counted as income in eligibility
determinations for Medicaid as long as they are used for Qualified Disability Expenses.
However, if your financial eligibility is determined using SSI-based methodologies, a withdrawal
from your Account may be countable as a resource if:
it is retained beyond the month in which the withdrawal is made, and
it is used for a non-Qualified Disability Expense in that or a subsequent month.
Withdrawals used for expenses other than Qualified Disability Expenses will be counted in the
mon
th the expenditure is made.
Social Security and Medicaid Considerations
30
For example: If an SSI-based Account Owner takes a withdrawal in August, but does
not spend the withdrawal until December (and uses the withdrawal for a Qualified
Disability Expense in that month), the amount of the withdrawal is not counted in any
month. If the Account Owner uses the withdrawal in December for an expense that is
not a Qualified Disability Expense, the withdrawal would be counted as a resource in
the month of December.
For an Account Owner whose financial eligibility is determined using Modified Adjusted Gross
Income (MAGI)-based methodologies, the income portion of the Qualified Withdrawal subject to
taxation will be included in the individual’s MAGI-based income.
Post-Eligibility Treatment of Income
Under Medicaid regulations, post-eligibility treatment of income (PETI) refers to the
requirement that affected individuals apply most of their total available income to the cost of
long-term services and supports before federal financial participation for medical assistance is
available. For purposes of PETI, CMS has indicated that states should disregard from an
individual’s total income any withdrawals for Qualified Disability Expenses. To the extent that
a Non-Qualified Withdrawal is counted as income in determining the individual’s eligibility for
other Medicaid benefits, that withdrawal would also be counted for purposes of PETI.
Please consult with your state’s Medicaid office for information on how the CMS guidance and
Med
icaid regulations apply to your particular situation.
Supplemental Nutrition Assistance Program (SNAP)
In April 2016, the U.S. Department of Agriculture released a statement reporting that funds in
ABLE accounts should be excluded as both income and resources in determining SNAP eligibility.
U.S. Department of Housing and Urban Development (HUD)
In April 2019, HUD released a notice that HUD program administrators and public housing
directors will disregard amounts in an individual's ABLE account when determining eligibility
and continued occupancy.
31
Cost of Your ABLE Account
Fees and Expenses
Except for the fees listed in this Section, there are currently no other fees, charges, or penalties
imposed by or payable to the Plan in connection with opening or maintaining your Account.
The Board reserves the right to change the current fees, or to impose new or additional fees,
expenses, charges, or penalties at any time in the future.
Account Maintenance Fee
Your ABLE account will be charged an annual Account Maintenance Fee of $35.
Annual Asset-Based Fees
Additional Expenses
Investment Option
Estimated Underlying
Mutual Fund
Expenses
2
Administrative Fees
3
Total Annual Asset-
Based Fees
Annual Account
Maintenance Fee
1
Cash
N/A
0.30%
4
0.30%
4
$35
ABLE
Conservative
0.0655%
0.30% 0.3648%
$35
ABLE
Moderate
0.0690%
0.30%
0.3690%
$35
ABLE
Aggressive
0.0750%
0.30%
0.3750%
$35
1 The Plan Manager receives $27; the Partner State, Oregon, receives $3; and the Board receives $5 of the annualized Account Maintenance Fee.
All Fees received by the Board are used to offset expenses associated with administering the Plan. The Account Maintenance Fee is assessed
each quarter in the amount of $8.75.
2 The figures in this column are derived from publicly available information for the Underlying Investments as of December 1, 2023. Each
Inv
estment Option indirectly bears the Underlying Investments’ expenses because when fees are deducted from an underlying Mutual Fund’s
assets, the value of the underlying Mutual Fund’s shares is reduced. Actual Underlying Investment expenses may vary. You should refer to the
Investment Cost Example on page 34 for the total assumed investment cost over 1-, 3-, 5-, and 10-year periods.
3 The Plan Manager receives 0.10%; the Partner State, Oregon, receives 0.10%; and the Board receives 0.10% of the annualized Administrative
Fee. A
ll Fees received by the Board are used to offset expenses associated with administering the Plan.
4 To the extent the interest rate on the Cash Option is less during a particular period than the Administrative Fee, we will waive the portion of the
Adm
inistrative Fee that exceeds the interest rate for the applicable period, and the Total Annual Asset-Based Fees for the Cash Option will be
reduced accordingly for the applicable period.
Cost of Your ABLE Account
32
Prepaid Card Fees
The following fees will be charged by True Link under a separate agreement if you sign up for and
use the ABLE Prepaid Card managed by True Link. For additional information, please see the True
Link Master Services Agreement.
Fee
Fee
Amount
Details
Monthly cardholder paid fee
$1.25
Fee billed monthly to Prepaid Card
International
purchase
$2.00
Per transaction outside of the United States
Replacement card fee
$5.00
Per card
Expedited card shipping fee
$30.00
Per shipment. True Link offers free shipping via USPS
within 5-8 business days or expedited shipping via UPS
in 2-3 business days for a fee that covers this cost
Rollover
There is no fee for rolling over assets from another Qualified ABLE Program into the Plan.
However, we will charge a $50 fee for Rollovers out of the Plan.
E-Delivery Fee Waiver
We charge a $10 annual print/mail fee. This fee is waived for all Beneficiaries who sign up for
electronic delivery of all Plan documents, including those who choose to have their tax forms in
paper format. The print/mail fee will be withdrawn from Accounts on a quarterly basis
beginning with the quarter the Account is established. If you switch from paper to electronic
delivery after you open your Account and maintain that election, no annual print/mail fee will
be charged in the following year. Signing up for electronic delivery is as easy as going to the
Plan website at washingtonstateable.com, logging into your Account, and selecting electronic
del
ivery. In addition to being a green alternative, e-delivery documents are in PDF format and
may generally be word searched for convenient reference.
Fees for Additional Services
The Plan Manager may debit your Account for costs incurred in connection with failed
contributions (e.g., returned checks, rejected automatic contribution plan payments, and
Cost of Your ABLE Account
33
rejected electronic funds transfers), or for additional services you request (e.g., overnight
delivery, outgoing wires, reissue of disbursement checks, requests for historical statements,
and Rollovers out of the Plan). The current fees for additional services are listed below.
Transaction
Fee
Rollovers (Transfers out of the Plan)
$50
ACH Fail/Returned Checks
$25
Paper Document Delivery Fee
$10 per year
Paper check disbursement
$2.50 per disbursement
Overnight delivery
$15
Outgoing wires
$15
Re-issue of disbursement checks
$15
34
Investment Cost Example
The example in the following table is intended to help you compare the cost of investing in the
different Investment Options over various periods of time.
This example assumes that:
You invest $10,000 in your Account for the time periods shown below on January 1.
You elected to have 100% of your Account balance invested in a single Portfolio.
Your investment has a 5% quarterly compounded return each year. Your actual
return may be higher or lower.
No withdrawals are reflected.
Total annual asset-based fees remain the same as shown in the Fee Table above.
A $35 annual Account Maintenance Fee is withdrawn from your Account pro-rata at
the e
nd of each calendar quarter.
However, the example does not consider the impact of any Rollover fee, print/mail fee, or fees
for a
dditional services. The example also does not consider the impact of any potential state or
federal taxes on the withdrawal.
Approximate Cost of $10,000 Investment
Investment Option
1 Year
3 Years
5 Years
10 Years
Cash Option
$65.87 $201.79 $343.71 $728.81
ABLE Conservative
Investment Option
$72.61 $222.81 $380.22 $809.92
ABLE Moderate
Investment Option
$72.97 $223.94 $382.16 $814.24
ABLE Aggressive
Investment Option
$73.58
$225.86
$385.50
$821.64
35
Risks of Investing in the Plan
Prospective Beneficiaries should carefully consider, along with other matters referred to in this
Plan Disclosure, the following risks of investing in the Plan.
No Insurance or Guarantee
The value of your Account may increase or decrease over time based on the performance of the
Investment Option(s) you select. It is possible that, at any given time, your Account’s value may
be less than the total amount contributed. Neither investments in the Plan nor earnings, if any,
from investments in the Plan are insured or guaranteed by the Plan Officials, the FDIC (except
to the extent described in this Plan Disclosure in the case of the Cash Option), or any federal
government agency.
Potential Impact on Supplemental Security Insurance
Balances over $100,000 and certain distributions could affect the Beneficiary’s eligibility for
SSI. See Social Security and Medicaid Considerations above for more information.
Potential Impact on Social Security Disability Insurance
The SSA has not yet provided detailed guidance on how funds in Qualified ABLE Programs
will be treated for purposes of determining SSDI eligibility. Please consult with the SSA for
more information.
Potential Impact on Medicaid Eligibility
CMS has provided guidance on how ABLE funds will be treated for purposes of determining
Medicaid eligibility. CMS guidance can be found on the Medicaid website
(medicaid.gov/federal-policy-guidance/downloads/smd17002.pdf) and we cannot predict
whe
ther CMS will change or enhance its guidance. Please consult with your state’s Medicaid
office for questions.
Medicaid Recapture
Under Section 529A of the Code, following the death of the Beneficiary, any state may file a
claim against the Account for the amount of the total medical assistance paid for the
Beneficiary under the state’s Medicaid plan after the Account (or any Account from which
amounts were rolled or transferred to the current Account) was opened. The amount paid in
satisfaction of a claim is not a taxable distribution from the Account. Further, the amount is to
be paid only after the payment of all outstanding amounts due for the Qualified Disability
Risks of Investing in the Plan
36
Expenses of the Beneficiary, which includes funeral and burial expenses, and will be reduced
by the amount of all premiums paid by or on behalf of the Beneficiary to a Medicaid Buy-In
program under that state’s Medicaid plan.
Procedures for filing claims may vary from state to state. Beneficiary Representatives,
Authorized Legal Representatives and executors and administrators should consider seeking
legal counsel on the applicability of, and any available exceptions to, Medicaid recapture under
applicable state law and regulation.
Potential Impact on State or Local Benefits
Balances in an Account, along with distributions from an Account, could affect the
Beneficiary’s eligibility for state or local benefits programs. Please consult your state benefits
agency or advisor for more information.
Potential Impact on Private Benefits
Although the purpose of funds in Qualified ABLE Programs is to supplement, not supplant,
other benefits, balances in an Account, along with withdrawals from an Account, could affect
your eligibility for private benefits or the amount of benefits you receive, such as benefit
amounts payable under a long term disability insurance policy. Please consult with your
private insurer, benefits or legal advisor for more information.
Changes in Your Eligibility Status
Expenses incurred at a time when you are not an Eligible Individual will not be considered
Qualified Disability Expenses. The earnings portion of Non-Qualified Withdrawals will be includable
as ordinary income and subject to the Penalty Tax when you file your tax returns. A Non-Qualified
Withdrawal is a withdrawal used for anything that is not a Qualified Disability Expense.
Investment Risks
With each of the Investment Options, there is the risk that the Underlying Investments or asset
allocations among the selected Underlying Investments will not produce the desired results. It
is possible to lose money on Account funds invested in an Investment Option and, in limited
circumstances, in the Cash Option. See Explanation of Fund Risks beginning on page 52.
Risks of Investing in the Plan
37
No Suitability Determination
The Plan Officials make no representations regarding the suitability of the Plan’s Investment
Options for any particular investor. Other types of investments may be more appropriate
depending on your personal circumstances. The investments, fees, expenses, eligibility
requirements, tax and other consequences, and features of these alternatives may differ from
those of the Plan. Please consult your tax, special needs, benefits, or investment professional
for more information.
No Indemnification
The Plan Officials will not indemnify any Account Owner against losses or other claims arising
from the official or unofficial acts, negligent or otherwise, of the Plan Officials.
Uncertainty of Tax Consequences; Changes in the Law
The Plan is established pursuant to the Washington Act and Section 529A of the Code.
Changes to the Washington Act or state and federal laws may affect the continued operation of
the Plan as contemplated in this Plan Disclosure. The State of Washington could make changes
to the Washington Act that could terminate or otherwise adversely affect the Plan.
Federal law and regulations governing the administration of ABLE programs could change in
the
future. The U.S. Treasury Department (Treasury Department) has issued regulations
under Section 529A of the Code (Tax Regulations). The Tax Regulations are effective as of
November 21, 2020, but include a transition period that ended, in most cases, on November
21, 2022. As of the date of this Plan Disclosure, provisions of the Tax Regulations remain
subject to final interpretation.
In order to comply with the Tax Regulations, we may be required to modify procedures and
term
s and conditions. Any modifications may affect or change the rights and obligations of the
Beneficiary. In the event we make material changes to the Plan as a result of the
implementation of the Tax Regulations, we will issue a new Plan Disclosure or supplement
detailing the changes.
Risks of Investing in the Plan
38
Other administrative guidance or court decisions might be issued that could adversely affect the
federal tax consequences with respect to the Plan or to contributions to, or withdrawals from,
your Account. Congress could also amend Section 529A or other federal law in a way that would
materially change or eliminate the federal tax treatment described in this Plan Disclosure. If
necessary, we intend to modify the Plan to meet the requirements of Section 529A.
If the Plan, as currently structured or as subsequently modified, does not meet the
requirements of Section 529A or the Tax Regulations for any reason, the tax consequences to
Account Owners are uncertain. Therefore, it is possible that you could be subject to taxes on
undistributed earnings in your Account, as well as to other adverse tax consequences. You may
wish to consider consulting a qualified tax advisor.
Potential Changes to the Plan; Modification or Termination of Portfolios
The Board reserves the right, in its sole discretion, to discontinue the Plan or to change any
aspect of the Plan. For example, the Board may change the Plan’s fees and charges; add,
subtract, or merge Investment Options; close an Investment Option to new investors; or change
the Fund(s) of an Investment Option. Depending on the nature of the change, you may be
required to participate in, or be prohibited from participating in, the change with respect to an
Account you opened before the change.
Risks Related to Liquidity
Investment in the Plan involves the risk of limited liquidity because the circumstances under
which funds may be withdrawn from your Account without incurring adverse tax consequences
are limited to withdrawals for Qualified Disability Expenses. Additionally, in certain
circumstances, your ability to withdraw funds may be restricted for up to 15 business days. See
Procedures for Withdrawals beginning on page 22 for further information about these restrictions.
Limited Investment Direction
You may only transfer funds from your current Portfolio(s) to other Portfolios twice per calendar
year. You may also transfer funds among Portfolio(s) upon a change in the Beneficiary to an
Eligible Individual who is a Sibling of the Beneficiary. In addition, you may not direct how an
Investment Option’s assets are invested. The ongoing management of the Plan’s investments is
the responsibility of the Board, the Plan Manager, the Investment Consultant and the Bank.
Risks of Investing in the Plan
39
Change of the Plan Manager or Investment Consultant, Terms and
Conditions of the Plan, Portfolios, and Underlying Investments
The Board may change the Plan Manager and/or Investment Consultant in the future or add
plan managers and/or investment advisors. If this happens (or even if it does not), there is no
assurance that you would not experience a material change to certain terms and conditions of
your Participation Agreement, including the fees charged under the Plan. If Vestwell ceases to
be the Plan Manager, you may have to open a new Account in the Plan with the successor plan
manager in order to make future contributions. The Plan may change the Investment Options
offered, which could also result in a change in the fee structure for the Plan and the Underlying
Investments included in the Portfolios.
Not a Direct Investment in Mutual Funds, Savings or Checking
Accounts, or Registered Securities
Money you contribute to your Account will be invested in Portfolios that hold various
Underlying Investments. However, the Plan’s Portfolios are not mutual funds, savings accounts
or checking accounts. An investment in the Plan is an investment in municipal fund securities
that are issued and offered by the Trust. These securities are not registered with the Securities
and Exchange Commission (SEC), any banking regulators, or any state. In addition, none of
the Trust, the Plan, or the Investment Options are registered as investment companies with the
SEC or any state.
Qualified Disability Expenses May Exceed the Balance in the Account
Even if you make the maximum allowed contributions to an Account, the assets in your
Account may not be sufficient to cover your Qualified Disability Expenses annually or during
the life of the Account.
No Recontribution of Withdrawals
Withdrawals, once made, cannot be undone by recontributing the withdrawn amount into your
Account, even if you directed the withdrawal by mistake. If you attempt to recontribute money
that you previously withdrew, the recontribution will be treated as a new and separate
contribution. The withdrawal will also be treated as a Non-Qualified Withdrawal, which would
subject you to tax consequences, including the Penalty Tax and which may have adverse effects
on your eligibility for means-tested benefits.
Risks of Investing in the Plan
40
Example: On January 1, you contribute $100 to your Account. On January 5, you
withdraw the $100. On January 10, you realize that you withdrew the $100 by mistake.
You cannot undo the withdrawal by recontributing the withdrawn amount. If you attempt
to put the $100 back into your Account, it will be treated as a second contribution of
$100, and your contribution total for the year will be $200. The $100 withdrawal will also
be treated as a Non-Qualified Withdrawal.
Inflation
Increases in the cost of living may reduce or eliminate the value of the returns of your Account.
Investment Choices
41
Investment Choices
Overview
The Plan offers four different Investment Options. Each Portfolio caters to a distinct set of
investment objectives. You should consider the information in this section carefully before
choosing to invest in one or more Portfolios. You should also contact an investment
professional prior to making an investment decision.
Your Account assets are held in trust for your exclusive benefit and cannot be transferred or
used by the Plan for any purpose other than those of the Plan. Please keep in mind that you
will not own shares of the Underlying Investments and are not a depositor at the Bank. You are
purchasing Units of Portfolios held in trust by the Plan. Those Portfolios invest your
contributions in one or more of the Underlying Investments.
You may allocate your contributions to one or more of the Investment Options. Although you
may
choose among Investment Options, under federal law, you may not direct the investment
of any Portfolio. Please be aware that you can transfer your Account balances from your
current Portfolio(s) to other Portfolios twice per calendar year. Amounts may also be transferred
between Portfolios upon a change of Beneficiary to a Sibling of the Beneficiary who is an
Eligible Individual. See Getting Started on page 12 and Using Your ABLE Account on page 20
for
information about changing Portfolio elections.
Choosing a Portfolio for your Account takes planning. You need to consider your savings goals
and
your spending needs, understand your investment objectives, and select Portfolios suitable
to your investment needs. This section helps you to understand the types of Portfolios offered
under the Plan and the risks involved in investing in those Portfolios. Beneficiaries should
periodically assess, and if appropriate, adjust their investment choices with their time horizon,
risk tolerance, and investment objectives in mind.
The Investment Options
The Plan offers four different Investment Options designed for different investment objectives
and risk tolerances. The following descriptions highlight the investment objective, strategy, and
principal risks of each Investment Option and Underlying Investment. Each Investment Option
is designed to accommodate Account Owners with different risk preferences.
Investment Choices
42
The Investment Options are subject to certain risks that may affect performance. Your
Account’s value may decline when your Investment Options decline in value. As with any
investment, there can be no assurance that the value of your Account will grow at any
particular rate. The value of the securities in the Investment Options will change due to market
fluctuations and a number of other factors. Except to the extent of FDIC insurance applicable
to the Cash Option, none of the Plan Officials, or any federal or state entity or person
guarantees any minimum rate of return, any return on your Account, or that you will not lose
some or all of the principal amount invested.
The descriptions highlight only the principal risks of the Investment Options and Underlying
Investments. Explanations of the risks can be found in Explanation of Fund Risks later in this
secti
on. Other than the Cash Option, each Underlying Investment’s current prospectus and
statement of additional information contains information not summarized here and identifies
additional risks that are not discussed below. You may wish to speak to a financial professional
to understand the specific risks associated with each Investment Option.
The Cash Option
The Cash Option allocates 100% of its assets to a demand deposit account established by the
Trust at Bank of New York Mellon (Cash Option Bank Account).
FDIC Insurance
Representatives of the Federal Deposit Insurance Corporation (FDIC) have indicated that
contributions to and earnings on an FDIC-insured bank account held by a trust such as the
Trust, will be insured by the FDIC on a pass-through basis to each Beneficiary under existing
or amended FDIC regulations, subject to applicable insurance limits and compliance with
applicable record-keeping requirements. Accordingly, contributions to and earnings on the
Cash Option are insured by the FDIC on a pass-through basis to each Beneficiary in the same
manner as other deposits held by the Beneficiary at the Bank in the same ownership right and
capacity. (For this purpose, accounts established by a custodian for a minor under UTMA or
UGMA are aggregated for insurance purposes with all other accounts with the Bank held by
the minor.) FDIC insurance generally protects up to $250,000 of your deposits at the same
bank in the same ownership right and capacity, so the portion of your Account invested in the
Cash Option, taken together with other deposits you hold in the same capacity at the Bank,
will be insured up to $250,000. For more information on FDIC insurance, visit fdic.gov. See
also Ex
planation of Fund Risks below.
Interest Rates
Interest on the Cash Option Bank Account will be accrued daily and credited by the Bank on
the last business day of each month based on the average daily balance on deposit in the Cash
Option Bank Account during that month. The gross interest rate on the Cash Option Bank
Investment Choices
43
Account will be a rate equal to the upper end of the Federal Funds target rate range
established by the Federal Reserve’s Federal Open Market Committee (FOMC), less 15 basis
points. A State Administration Fee of 30 basis points will be levied against this gross interest
rate to yield the net interest rate paid. The FOMC normally meets eight times a year, and may
also hold additional meetings and implement target rate range changes outside of its normal
schedule. The State Administration Fee is subject to reduction if its application would cause a
negative return on the Cash Option.
If the net interest rate paid on the Cash Option Bank Account for any period is less than or
equal to the State Administrative Fee for that period, the net interest accrual on Units in the
Cash Option for the period will be zero. If the net interest rate paid on the Cash Option Bank
Account for any period is less than the State Administrative Fee for that period, the Board will
waive the portion of the State Administrative Fee that exceeds the interest rate so that the State
Administrative Fee will not cause a negative return on amounts contributed to the Cash Option.
See Cost of Your ABLE Account for additional information.
Notice Regarding Withdrawals
All withdrawals will be processed by the Plan Manager on behalf of the Trust. Beneficiaries will
not be able to withdraw Cash Option funds directly from the Bank.
Investment Risks
With respect to any amount contributed to the Cash Option that is not insured by the FDIC,
the Bank will be the sole party responsible for the repayment of the principal amount of the
contributions and earnings, if any, on those contributions, even if the Bank goes into
receivership or otherwise experiences insolvency. In the event the Bank exercises its right to
close the Cash Option Bank Account, the Plan may be required to transfer amounts invested in
the Cash Option to another investment that may not be eligible for FDIC deposit insurance.
Accordingly, there is no assurance that any FDIC deposit insurance applicable to your
investments in the Cash Option will remain in effect for the duration of your participation in
the Plan.
There is a risk that the Cash Option Bank Account’s interest rate, in the future, could
dec
rease. There is no minimum guaranteed interest rate (floor) for the Cash Option Bank
Account. The fees charged by the Plan, including the Account Maintenance Fee, may exceed
the interest paid by the Bank.
Investment Choices
44
ABLE Conservative Investment Option
Objective
The ABLE Conservative Investment Option seeks to provide current income with some
capital appreciation.
Strategy
This Investment Option invests in a portfolio of mutual funds intended to produce an overall
investment exposure of approximately 20% equities and 80% fixed income. Overall, there’s a
smaller amount of risk and limited appreciation potential compared to the other Investment
Options. This investment option is designed for a shorter investment period.
Risks
This Investment Option is subject to call risk, credit risk, country/regional risk, currency risk,
derivatives risk, emerging markets risk, extension risk, income fluctuations, income risk, index
sampling risk, interest rate risk, investment style risk, liquidity risk, manager risk, prepayment
risk, real interest rate risk, and stock market risk.
ABLE Moderate Investment Option
Objective
The ABLE Moderate Investment Option seeks to provide a combination of capital appreciation
and current income.
Strategy
This Investment Option invests in a portfolio of mutual funds intended to produce an overall
investment exposure of approximately 50% equities and 50% fixed income. Overall, there’s a
medium level of risk and potential investment return (or loss) as compared to the other Investment
Options. This investment option is designed for a medium or uncertain investment period.
Risks
This Investment Option is subject to call risk, credit risk, country/regional risk, currency risk,
cyber security risk, derivatives risk (DFA), derivatives risk (Vanguard), emerging markets risk
(DFA), emerging markets risk (Vanguard), equity market risk, extension risk, foreign securities
and currencies risk, fund of funds risk, income fluctuations, income risk, index sampling risk,
interest rate risk, investment style risk, liquidity risk, manager risk, operational risk,
prepayment risk, risks of concentrating in the real estate industry, securities lending risk,
small and mid-cap company risk, and stock market risk.
Investment Choices
45
ABLE Aggressive Investment Option
Objective
The ABLE Aggressive Investment Option seeks to provide long-term growth.
Strategy
This Investment Option invests in a portfolio of mutual funds intended to produce an overall
investment exposure of approximately 80% equities and 20% fixed income. Overall, there’s a
higher level of risk and potential for investment return (or loss) as compared to the other
Investment Options. This investment option is designed for a longer investment period (10
years or more).
Risks
The Portfolio is subject to call risk, credit risk, country/regional risk, currency risk, cyber
security risk, derivatives risk (DFA), derivatives risk (Vanguard), emerging markets risk (DFA),
emerging markets risk (Vanguard), equity market risk, extension risk, foreign securities and
currencies risk, fund of funds risk, income fluctuations, income risk, index sampling risk,
interest rate risk, investment style risk, liquidity risk, manager risk, operational risk,
prepayment risk, risks of concentrating in the real estate industry, securities lending risk,
small and mid-cap company risk, and stock market risk.
46
Summaries of the Underlying Investments
The table below reflects the target allocations and the asset classes for the Investment Options
(other than the Cash Option) as of the date of this Plan Disclosure.
Fund Name
Ticker
ABLE Conservative
ABLE Moderate
ABLE Aggressive
Vanguard Total Stock Market
Index Fund
VTSAX 10% 26% 42%
Vanguard Total International
Stock Index Fund
VTIAX
10%
22%
34%
Total Stocks
20% 48% 76%
Vanguard Short-Term Bond
Index Fund
VBIRX 25% 0% 0%
Vanguard Total Bond Market
Index Fund
VBTLX 36% 40% 16%
Vanguard Treasury Inflation-
Protected Securities Fund
VAIPX 9% 10% 4%
Vanguard Short-Term Inflation
Protected Securities Index Fund
VTAPX
10% 0% 0%
Total Fi
xed Income 80% 50% 20%
DFA Global Real Estate
Securities Fund
DFGEX
0% 2% 4%
Total Real Estate 0% 2% 4%
Total Allocation
100% 100% 100%
Summaries of the Underlying Investments
47
Description of the Underlying Investments
The following provides a summary of the Underlying Investments in which the Investment
Options (other than the Cash Option) invest. The full prospectus for each of the Underlying
Investments can be found by visiting the applicable Fund’s website. For Vanguard Funds, go to
investor.vanguard.com. For the Dimensional Fund, go to dimensional.com.
Vanguard Total Stock Market Index Fund (VTSAX)
Objective
The Fund seeks to track the performance of a benchmark index that measures the investment
return of the overall stock market.
Strategy
The Fund employs an indexing investment approach designed to track the performance of the
CRSP US Total Market Index, which represents approximately 100% of the investable U.S.
stock market and includes large-, mid-, small-, and micro-cap stocks regularly traded on the
New York Stock Exchange and Nasdaq. The Fund invests by sampling the index, meaning that
it holds a broadly diversified collection of securities that, in the aggregate, approximates the
full index in terms of key characteristics. These key characteristics include industry weightings
and market capitalization, as well as certain financial measures, such as price/earnings ratio
and dividend yield.
Risks
The Fund is subject to stock market risk and index sampling risk.
Vanguard Total International Stock Index Fund (VTIAX)
Objective
The Fund seeks to track the performance of a benchmark index that measures the investment
return of stocks issued by companies located in developed and emerging markets, excluding
the United States.
Strategy
The Fund employs an indexing investment approach designed to track the performance of the
FTSE Global All Cap ex US Index, a float-adjusted market-capitalization-weighted index
designed to measure equity market performance of companies located in developed and
emerging markets, excluding the United States. The index includes approximately 7,718 stocks
Summaries of the Underlying Investments
48
of companies located in 48 markets. As of October 31, 2022, the largest markets covered in the
Index were Japan, the United Kingdom, Canada, China, France, and Switzerland (which made
up approximately 15.4%, 10.01%, 8.1%, 7.1%, 6.5%, and 6%, respectively, of the index’s
market capitalization). The Fund invests all, or substantially all, of its assets in the common
stocks included in its target index.
Risks
The Fund is subject to stock market risk, investment style risk, country/regional risk, currency
risk, emerging markets risk, and index replicating risk.
Vanguard Short-Term Bond Index Fund (VBIRX)
Objective
The Fund seeks to track the performance of a market-weighted bond index with a short-term
dollar-weighted average maturity.
Strategy
The Fund employs an indexing investment approach designed to track the performance of the
Bloomberg U.S. 15 Year Government/Credit Float Adjusted Index. This index includes all
medium and larger issues of U.S. government, investment-grade corporate, and investment-
grade international dollar-denominated bonds that have maturities between 1 and 5 years and
are publicly issued.
The Fund invests by sampling the index, meaning that it holds a range of securities that, in the
aggregat
e, approximates the full index in terms of key risk factors and other characteristics. All
of the Fund’s investments will be selected through the sampling process, and at least 80% of
the Fund’s assets will be invested in bonds held in the index. The Fund seeks to maintain a
dollar-weighted average maturity consistent with that of the index. As of December 31, 2022,
the dollar-weighted average maturity of the index was 3 years. The Fund also seeks to maintain
an average duration consistent with that of the index. As of December 31, 2022, the average
duration of the index was 3 years.
Risks
The Fund is subject to income risk, interest rate risk, call risk, credit risk, index sampling risk,
and liquidity risk.
Summaries of the Underlying Investments
49
Vanguard Total Bond Market Index Fund (VBTLX)
Objective
The Fund seeks to track the performance of a broad, market-weighted bond index.
Strategy
The Fund employs an indexing investment approach designed to track the performance of the
Bloomberg U.S. Aggregate Float Adjusted Index. This index measures the performance of a
wide spectrum of public, investment-grade, taxable, fixed income securities in the United
Statesincluding government, corporate, and international dollar-denominated bonds, as well
as mortgage-backed and asset-backed securitiesall with maturities of more than 1 year.
The Fund invests by sampling the index, meaning that it holds a broadly diversified collection
of secu
rities that, in the aggregate, approximates the full index in terms of key risk factors and
other characteristics. All of the Fund’s investments will be selected through the sampling
process, and at least 80% of the Fund’s assets will be invested in bonds held in the index. The
Fund seeks to maintain a dollar-weighted average maturity consistent with that of the index.
As of December 31, 2022, the dollar-weighted average maturity of the index was 9 years. The
Fund also seeks to maintain an average duration consistent with that of the Index. As of
December 31, 2022, the average duration of the Index was 6 years.
Risks
The Fund is subject to interest rate risk, income risk, prepayment risk, extension risk, call
risk, credit risk, index sampling risk, and liquidity risk.
Vanguard Inflation-Protected Securities Fund (VAIPX)
Objective
The Fund seeks to provide inflation protection and income consistent with investment in
inflation-indexed securities.
Strategy
The Fund invests at least 80% of its assets in inflation-indexed bonds issued by the U.S.
government, its agencies and instrumentalities, and corporations. The Fund may invest in bonds
of any maturity; however, its dollar-weighted average maturity is expected to be in the range of 7
to 20 years. At a minimum, all bonds purchased by the Fund will be rated investment-grade or,
if unrated, will be considered by the Fund's advisor to be investment-grade.
Risks
The Fund is subject to interest rate risk, income fluctuations, manager risk, liquidity risk, and
derivatives risk.
Summaries of the Underlying Investments
50
Vanguard Short-Term Inflation-Protected Securities Index Fund (VTAPX)
Objective
The Fund seeks to track the performance of a benchmark index that measures the investment
return of inflation-protected public obligations of the U.S. Treasury with remaining maturities
of less than 5 years.
Strategy
The Fund employs an indexing investment approach designed to track the performance of the
Bloomberg U.S. Treasury Inflation-Protected Securities (TIPS) 0-5 Year Index. The index is a
market-capitalization-weighted index that includes all inflation-protected public obligations
issued by the U.S. Treasury with remaining maturities of less than 5 years.
The Fund attempts to replicate the target index by investing all, or substantially all, of its
assets i
n the securities that make up the index, holding each security in approximately the
same proportion as its weighting in the index. The Fund maintains a dollar-weighted average
maturity consistent with that of the index. As of September 30, 2022, the dollar-weighted
average maturity of the index was 2.5 years.
Risks
The Fund is subject to income fluctuations and real interest rate risk.
DFA Global Real Estate Securities Portfolio (DFGEX)
Objective
The investment objective of the DFA Global Real Estate Securities Portfolio is to achieve long-
term capital appreciation.
Strategy
To achieve its investment objective, the Fund’s advisor implements an integrated investment
approach that combines research, portfolio design, portfolio management, and trading
functions. The Fund seeks to achieve exposure to a broad portfolio of securities of U.S. and
non-U.S. companies in the real estate industry, with a focus on real estate investment trusts
(REITs) or companies that the Fund’s advisor considers to be REIT-like entities.
The Fund invests in companies of all sizes. The Fund may pursue its investment objective by
inve
sting its assets in the DFA Real Estate Securities Portfolio, DFA International Real Estate
Securities Portfolio (the DFA Underlying Funds), and/or directly in securities of companies in
the real estate industry. Periodically, the Fund’s advisor will review the allocations for the Fund
in each DFA Underlying Fund and may adjust allocations to the DFA Underlying Funds or may
add or remove DFA Underlying Funds in the Fund without notice to shareholders.
Summaries of the Underlying Investments
51
The Fund and DFA Underlying Funds generally consider a company to be principally engaged
in the real estate industry if the company (i) derives at least 50% of its revenue or profits from
the ownership, management, development, construction, or sale of residential, commercial,
industrial, or other real estate; (ii) has at least 50% of the value of its assets invested in
residential, commercial, industrial, or other real estate; or (iii) is organized as a REIT or REIT-
like entity. REITs and REIT-like entities are types of real estate companies that pool investors’
funds for investment primarily in income producing real estate or real estate related loans or
interests. The Fund and each DFA Underlying Fund invest in companies principally engaged in
the real estate industry in its designated market using a market capitalization weighted
approach. A company’s market capitalization is the number of its shares outstanding times its
price per share. Under a market capitalization weighted approach, companies with higher
market capitalizations generally represent a larger proportion of the Fund and each DFA
Underlying Fund than companies with relatively lower market capitalizations. The Fund’s
advisor may adjust the representation in the Fund or the DFA Underlying Funds of an eligible
company, or exclude a company, after considering such factors as free float, momentum,
trading strategies, liquidity, size, relative price, profitability, and other factors that the Fund’s
advisor determines to be appropriate. An equity issuer is considered to have a low relative price
(i.e., a value stock) primarily because it has a low price in relation to its book value. In
assessing relative price, the Fund’s advisor may consider additional factors such as price to
cash flow or price to earnings ratios. An equity issuer is considered to have high profitability
because it has high earnings or profits from operations in relation to its book value or assets.
The criteria the Fund’s advisor uses for assessing relative price and profitability are subject to
change from time to time. The Fund’s advisor also may limit or fix the Fund’s exposure to a
particular country or issuer.
As a non-fundamental policy, under normal circumstances, at least 80% of the Fund’s net
assets will be invested directly, or indirectly through its investment in the DFA Underlying
Funds, in securities of companies in the real estate industry. The Fund concentrates (i.e.,
invests more than 25% of its net assets) its investments in securities of companies in the real
estate industry. In addition to, or in place of, investments in the DFA Underlying Funds, the
Fund also is permitted to invest directly in the same types of securities of companies in the real
estate industry that are eligible investments for the DFA Underlying Funds. The Fund and each
DFA Underlying Fund intend to purchase securities of companies associated with countries
that the Fund’s advisor has identified as approved markets for investment for the Fund or DFA
Underlying Fund. The Fund, directly or indirectly through its investment in the DFA
Underlying Funds, intends to invest its assets to gain exposure to at least three different
countries, including the United States. The Fund's advisor will generally seek to set country
weights based on the relative market capitalizations of eligible companies within each approved
market of the DFA Underlying Funds. As of the February 28, 2023, the Fund, directly or
indirectly through its investment in the DFA Underlying Funds, invests approximately 65% of
its net assets in U.S. companies. This percentage will change due to market conditions.
Summaries of the Underlying Investments
52
The Fund and each DFA Underlying Fund may purchase or sell futures contracts and options
on futures contracts for equity securities and indices to increase or decrease equity market
exposure based on actual or expected cash inflows to or outflows from the Fund or DFA
Underlying Fund. Because many of the Fund’s and an DFA Underlying Fund’s investments
may be denominated in foreign currencies, the Fund and DFA Underlying Fund may enter into
foreign currency exchange transactions, including foreign currency forward contracts, in
connection with the settlement of foreign securities or to transfer cash balances from one
currency to another currency.
The Fund and the DFA Underlying Funds may lend their portfolio securities to generate
additional income.
Risks
The Fund is subject to fund of funds risk, equity market risk, foreign securities and currencies
risk, small and mid-cap company risk, risks of concentrating in the real estate industry,
emerging markets risk, derivatives risk, securities lending risk, operational risk, and cyber
security risk.
Explanation of Fund Risks
The information provided below is a summary of the principal risks of the Funds. For
information about the principal risks associated with the Cash Option, see Cash Option
Investment Risks above.
Vanguard Total Stock Market Index Fund (VTSAX)
Principal Risks
Stock market risk
Stock market risk is the chance that stock prices overall will decline. Stock markets tend to
mov
e in cycles, with periods of rising prices and periods of falling prices. In addition, the
Fund’s target index may, at times, become focused in stocks of a particular market sector,
which would subject the Fund to proportionately higher exposure to the risks of that sector.
Summaries of the Underlying Investments
53
Index sampling risk
Index sampling risk is the chance that the securities selected for the Fund, in the aggregate,
will not provide investment performance matching that of the Fund’s target index.
Vanguard Total International Stock Index Fund (VTIAX)
Principal Risks
Stock market risk
Stock market risk is the chance that stock prices overall will decline. Stock markets tend to
mov
e in cycles, with periods of rising prices and periods of falling prices. The Fund’s
investments in foreign stocks can be riskier than U.S. stock investments. Foreign stocks may
be more volatile and less liquid than U.S. stocks. The prices of foreign stocks and the prices of
U.S. stocks may move in opposite directions. In addition, the Fund’s target index may, at
times, become focused in stocks of a particular market sector, which would subject the Fund
to proportionately higher exposure to the risks of that sector.
Investment style risk
Investment style risk is the chance that returns from non-U.S. small and mid-capitalization
stock
s will trail returns from global stock markets. Historically, non-U.S. small- and mid-cap
stocks have been more volatile in price than the large-cap stocks that dominate the global
markets, and they often perform quite differently.
Country/regional risk
Country/regional risk is the chance that world eventssuch as political upheaval, financial
troubles, or natural disasterswill adversely affect the value of securities issued by companies
in foreign countries or regions. Because the Fund may invest a large portion of its assets in
securities of companies located in any one country or region, the Fund’s performance may be
hurt disproportionately by the poor performance of its investments in that area.
Country/regional risk is especially high in emerging markets.
Currency risk
Currency risk is the chance that the value of a foreign investment, measured in U.S. dollars,
wil
l decrease because of unfavorable changes in currency exchange rates. Currency risk is
especially high in emerging markets.
Emerging markets risk
Emerging markets risk is the chance that the stocks of companies located in emerging markets
wil
l be substantially more volatile, and substantially less liquid, than the stocks of companies
located in more developed foreign markets because, among other factors, emerging markets can
have greater custodial and operational risks; less developed legal, tax, regulatory, and accounting
systems; and greater political, social, and economic instability than developed markets.
Summaries of the Underlying Investments
54
Index replicating risk
Index replicating risk is the chance that the Fund may be prevented from holding one or more
securities in the same proportion as in its target index.
Vanguard Short-Term Bond Index Fund (VBIRX)
Principal Risks
Income risk
Income risk is the chance that the Fund’s income will decline because of falling interest rates.
Inc
ome risk is generally high for short-term bond funds, so investors should expect the Fund’s
monthly income to fluctuate accordingly.
Interest rate risk
Interest rate risk is the chance that bond prices overall will decline because of rising interest
rate
s. Interest rate risk should be low for the Fund because it invests primarily in short-term
bonds, whose prices are less sensitive to interest rate changes than are the prices of longer-
term bonds.
Call risk
Call risk is the chance that during periods of falling interest rates, issuers of callable bonds
may call (redeem) securities with higher coupon rates or interest rates before their maturity
dates. The Fund would then lose any price appreciation above the bond’s call price and would
be forced to reinvest the unanticipated proceeds at lower interest rates, resulting in a decline in
the Fund’s income. Such redemptions and subsequent reinvestments would also increase the
Fund’s portfolio turnover rate.
Credit risk
Credit risk is the chance that a bond issuer will fail to pay interest or principal in a timely
man
ner or that negative perceptions of the issuer’s ability to make such payments will cause
the price of that bond to decline.
Credit risk should be low for the Fund because it purchases only bonds that are of investment-
grad
e quality.
Index sampling risk
Index sampling risk is the chance that the securities selected for the Fund, in the aggregate,
wil
l not provide investment performance matching that of the Fund’s target index. Index
sampling risk for the Fund is expected to be low.
Liquidity risk
Liquidity risk is the chance that the Fund may not be able to sell a security in a timely manner
at a
desired price.
Summaries of the Underlying Investments
55
Vanguard Total Bond Market Index Fund (VBTLX)
Principal Risks
Interest rate risk
Interest rate risk is the chance that bond prices overall will decline because of rising interest
rate
s. Interest rate risk should be moderate for the Fund because it invests primarily in short-
and intermediate-term bonds, whose prices are less sensitive to interest rate changes than are
the prices of long-term bonds.
Income risk
Income risk is the chance that the Fund’s income will decline because of falling interest rates.
Income risk is generally high for short-term bond funds and moderate for intermediate-term
bond funds, so investors should expect the Fund’s monthly income to fluctuate accordingly.
Prepayment risk
Prepayment risk is the chance that during periods of falling interest rates, homeowners will
ref
inance their mortgages before their maturity dates, resulting in prepayment of mortgage-
backed securities held by the Fund. The Fund would then lose any price appreciation above the
mortgage’s principal and would be forced to reinvest the unanticipated proceeds at lower
interest rates, resulting in a decline in the Fund’s income. Such prepayments and subsequent
reinvestments would also increase the Fund’s portfolio turnover rate. Prepayment risk should
be moderate for the Fund.
Extension risk
Extension risk is the chance that during periods of rising interest rates, certain debt securities
wil
l be paid off substantially more slowly than originally anticipated, and the value of those
securities may fall. This will lengthen the duration or average life of those securities and delay
a fund’s ability to reinvest proceeds at higher interest rates, making a fund more sensitive to
changes in interest rates. For funds that invest in mortgage-backed securities, there is a
chance that during periods of rising interest rates, homeowners will repay their mortgages at
slower rates. Extension risk should be moderate for the Fund.
Call risk
Call risk is the chance that during periods of falling interest rates, issuers of callable bonds
may call (redeem) securities with higher coupon rates or interest rates before their maturity
dates. The Fund would then lose any price appreciation above the bond’s call price and would
be forced to reinvest the unanticipated proceeds at lower interest rates, resulting in a decline in
the Funds income. Such redemptions and subsequent reinvestments would also increase the
Funds portfolio turnover rate. Call risk should be low for the Fund because it invests only a
small portion of its assets in callable bonds.
Summaries of the Underlying Investments
56
Credit risk
Credit risk is the chance that a bond issuer will fail to pay interest or principal in a timely
manner or that negative perceptions of the issuer’s ability to make such payments will cause
the price of that bond to decline.
Credit risk should be low for the Fund because it purchases only bonds that are of investment-
grad
e quality.
Index sampling risk
Index sampling risk is the chance that the securities selected for the Fund, in the aggregate,
wil
l not provide investment performance matching that of the Fund’s target index. Index
sampling risk for the Fund is expected to be low.
Liquidity risk
Liquidity risk is the chance that the Fund may not be able to sell a security in a timely manner
at a
desired price.
Vanguard Inflation-Protected Securities Fund (VAIPX)
Principal Risks
Interest rate risk
Interest rate risk is the chance that the value of a bond will fluctuate because of a change in
the
level of interest rates. Although inflation-indexed bonds seek to provide inflation protection,
their prices may decline when interest rates rise and vice versa. Because the Fund’s dollar-
weighted average maturity is expected to be in the range of 7 to 20 years, interest rate risk is
expected to be moderate to high for the Fund.
Income fluctuations
The Fund’s quarterly income distributions are likely to fluctuate considerably more than the
inc
ome distributions of a typical bond fund. In fact, under certain conditions, the Fund may not
have any income to distribute. Income fluctuations associated with changes in interest rates are
expected to be low; however, income fluctuations associated with changes in inflation are
expected to be high. Overall, investors can expect income fluctuations to be high for the Fund.
Manager risk
Manager risk is the chance that poor security selection will cause the Fund to underperform
rel
evant benchmarks or other funds with a similar investment objective.
Liquidity risk
Liquidity risk is the chance that the Fund may not be able to sell a security in a timely manner
at a
desired price.
Summaries of the Underlying Investments
57
Derivatives risk
The Fund may invest in derivatives, which may involve risks different from, and possibly
greater than, those of investments directly in the underlying securities or assets.
Vanguard Short-Term Inflation Protected Securities Index Fund (VTAPX)
Principal Risks
Income fluctuations
The Fund’s quarterly income distributions are likely to fluctuate considerably more than the
inc
ome distributions of a typical bond fund. In fact, under certain conditions, the Fund may not
have any income to distribute. Income fluctuations associated with changes in interest rates are
expected to be low; however, income fluctuations associated with changes in inflation are
expected to be high. Overall, investors can expect income fluctuations to be high for the Fund.
Real interest rate risk
Real interest rate risk is the chance that the value of a bond will fluctuate because of a change
in t
he level of real, or after inflation, interest rates. Although inflation-indexed bonds seek to
provide inflation protection, their prices may decline when real interest rates rise and vice
versa. Because the index is a market-capitalization-weighted index that includes all inflation-
protected public obligations issued by the U.S. Treasury with remaining maturities of less than
5 years, real interest rate risk is expected to be low for the Fund.
DFA Global Real Estate Securities Portfolio (DFGEX)
Principal Risks
Fund of Funds Risk
The investment performance of the Fund is affected by the investment performance of the DFA
Und
erlying Funds. The ability of the Fund to achieve its investment objective depends on the
ability of the DFA Underlying Funds to meet their investment objectives and on the Fund
advisor’s decisions regarding the allocation of the Fund’s assets among DFA Underlying Funds.
The Fund may allocate assets to a DFA Underlying Fund or asset class that under performs
other funds or asset classes. There can be no assurance that the investment objective of the
Fund or any DFA Underlying Fund will be achieved. When the Fund invests in DFA Underlying
Funds, investors are exposed to a proportionate share of the expenses of those DFA Underlying
Funds in addition to the expenses of the Fund. Through its investments in the DFA Underlying
Funds, the Fund is subject to the risks of the DFA Underlying Funds’ investments. The risks of
the Fund’s and DFA Underlying Funds’ investments are described below.
Equity Market Risk
Even a long-term investment approach cannot guarantee a profit. Economic, market, political,
and
issuer-specific conditions and events will cause the value of equity securities, and the
Fund or DFA Underlying Fund that owns them, to rise or fall. Stock markets tend to move in
cycles, with periods of rising prices and periods of falling prices.
Summaries of the Underlying Investments
58
Foreign Securities and Currencies Risk
Foreign securities prices may decline or fluctuate because of: (a) economic or political actions of
foreign governments, and/or (b) less regulated or liquid securities markets. Investors holding
these securities may also be exposed to foreign currency risk (the possibility that foreign
currency will fluctuate in value against the U.S. dollar or that a foreign government will
convert, or be forced to convert, its currency to another currency, changing its value against
the U.S. dollar). The DFA Underlying Funds do not hedge foreign currency risk.
Small and Mid-Cap Company Risk
Securities of small and mid-cap companies are often less liquid than those of large companies
and
this could make it difficult to sell a small or mid-cap company security at a desired time or
price. As a result, small and mid-cap company stocks may fluctuate relatively more in price. In
general, small and mid-capitalization companies are also more vulnerable than larger companies
to adverse business or economic developments and they may have more limited resources.
Risks of Concentrating in the Real Estate Industry
The Fund concentrates (i.e., invests more than 25% of its net assets) its investments in
secur
ities of companies in the real estate industry. The exclusive focus by the Fund on the real
estate industry will cause the Fund to be exposed to the general risks of direct real estate
ownership. The value of securities in the real estate industry can be affected by changes in real
estate values and rental income, property taxes, and tax and regulatory requirements. Also, the
value of securities in the real estate industry may decline with changes in interest rates.
Investing in REITs and REIT-like entities involves certain unique risks in addition to those
risks associated with investing in the real estate industry in general. REITs and REIT-like
entities are dependent upon management skill, may not be diversified, and are subject to heavy
cash flow dependency and self-liquidation. REITs and REIT-like entities also are subject to the
possibility of failing to qualify for tax free pass-through of income. Also, many foreign REIT-like
entities are deemed for tax purposes as passive foreign investment companies (PFIC), which
could result in the receipt of taxable dividends to shareholders at an unfavorable tax rate. Also,
because REITs and REIT-like entities typically are invested in a limited number of projects or in
a particular market segment, these entities are more susceptible to adverse developments
affecting a single project or market segment than more broadly diversified investments. The
performance of the Fund may be materially different from the broad equity market.
Emerging Markets Risk
Numerous emerging market countries have a history of, and continue to experience serious,
and
potentially continuing, economic and political problems. Stock markets in many emerging
market countries are relatively small, expensive to trade in and generally have higher risks
than those in developed markets. Securities in emerging markets also may be less liquid than
those in developed markets and foreigners are often limited in their ability to invest in, and
withdraw assets from, these markets. Additional restrictions may be imposed under other
Summaries of the Underlying Investments
59
conditions. Frontier market countries generally have smaller economies or less developed
capital markets and, as a result, the risks of investing in emerging market countries are
magnified in frontier market countries.
Derivatives Risk
Derivatives are instruments, such as futures, and options thereon, and foreign currency forward
cont
racts, whose value is derived from that of other assets, rates or indices. The use of
derivatives for non-hedging purposes may be considered to carry more risk than other types of
investments. When the Fund or a DFA Underlying Fund uses derivatives, the Fund or DFA
Underlying Fund will be directly exposed to the risks of those derivatives. Derivative instruments
are subject to a number of risks including counterparty, settlement, liquidity, interest rate,
market, credit and management risks, as well as the risk of improper valuation. Changes in the
value of a derivative may not correlate perfectly with the underlying asset, rate or index, and the
Fund or DFA Underlying Fund could lose more than the principal amount invested.
Securities Lending Risk
Securities lending involves the risk that the borrower may fail to return the securities in a timely
man
ner or at all. As a result, the DFA Underlying Funds may lose money and there may be a
delay in recovering the loaned securities. The DFA Underlying Funds could also lose money if it
does not recover the securities and/or the value of the collateral falls, including the value of
investments made with cash collateral. Securities lending also may have certain adverse tax
consequences. To the extent that the Fund holds securities directly and lends those securities, it
will be also subject to the foregoing risks with respect to its loaned securities.
Operational Risk
Operational risks include human error, changes in personnel, system changes, faults in
comm
unication, and failures in systems, technology, or processes. Various operational events
or circumstances are outside the Fund advisor’s control, including instances at third parties.
The Fund and its advisor seek to reduce these operational risks through controls and
procedures. However, these measures do not address every possible risk and may be
inadequate to address these risks.
Cyber Security Risk
The Fund’s and its service providers’ use of internet, technology and information systems
may exp
ose the Fund to potential risks linked to cyber security breaches of those
technological or information systems. Cyber security breaches, amongst other things, could
allow an unauthorized party to gain access to proprietary information, customer data, or
fund assets, or cause the Fund and/or its service providers to suffer data corruption or lose
operational functionality.
Summaries of the Underlying Investments
60
Other Considerations
The Board may add or remove Portfolios or change the investment allocations of, or the
Underlying Investments held by, any Investment Option at any time as well as change how and
with which financial institution the allocations to the Cash Option are deposited.
These investment approaches are not recommendations and do not take into consideration
your p
ersonal goals or preferences. After evaluating information you consider important in
making an investment choice, the ultimate investment decision is up to you. You should
consult with your tax or financial professional for advice regarding your individual situation.
Requesting Additional Information about the Funds
We will invest your contributions to the Portfolios in one or more of the Funds. Please keep in
mind that you will not own shares of the Funds. Instead, you will own interests in the Trust.
Additional information about the investment strategies and risks of each Fund is available in
its c
urrent prospectus and statement of additional information. You can request a copy of the
current prospectus, the statement of additional information, or the most recent semi-annual or
annual report of any Fund by contacting the following:
Dimensional Fund Advisors (DFA)
Website: dimensional.com
Phone: 512-306-7400
Vanguard
Website: investor.vanguard.com/corporate-portal
Phone: 877-662-7447
Summaries of the Underlying Investments
61
Performance
The table below shows how the performance of the Portfolios has varied over the periods listed.
The performance data includes each Portfolio’s total annual asset-based fee, but do not include
other charges associated with an investment in the Plan.
The performance of the Portfolios will differ from the performance of the Funds. Because the
Portfol
ios have higher expense ratios than those of the Funds, over comparable periods of time,
all other things being equal, a Portfolio would have lower performance than its comparable
Fund. (Of course, the Funds do not offer the same tax advantages as the Portfolios.)
The Portfolio will use your money to purchase shares of a Fund. However, the trade date for the
Portfolio’s purchase of Fund shares typically will be one Business Day after the trade date for
your purchase of Units. Depending on the amount of cash flow into or out of the Portfolio and
whether the Underlying Fund is going up or down in value, this timing difference may cause
the Portfolio’s performance either to trail or exceed the Underlying Fund’s performance.
The performance data shown below represents past performance, which is not a guarantee of
future
results. Investment returns and principal value will fluctuate, so your Units, when sold,
may be worth more or less than their original cost. Current performance may be lower or
higher than the performance data cited. Current performance information is available online at
washingtonstateable.com. From the home page select How It Works, then scroll down to find
the li
nk to Performance History.
Historical Performance as of 11/30/2023
Portfolio
Last
Month
Last 3
Months
Year to
Date
1 Year
3 Year
Since
Inception
ABLE
Conservative
4.16%
0.84%
4.67%
2
%
-1.18%
2.12%
ABLE
Moderate
6.57%
0.74%
7.82
%
5.16
%
0.12%
3.68%
ABLE
Aggressive
8.07%
1.01%
11.63
%
7.69
%
3.01%
5.51%
The current rate of the Cash option is 5.18% APY as of November 30, 2023.
The date of inception is July 1, 2018.
62
Federal Tax Considerations
The following discussion summarizes certain aspects of federal income, gift, estate, and
generation skipping tax (GST) tax consequences relating to the Plan and contributions to,
earnings of, and withdrawals from ABLE Accounts. The summary is not exhaustive and is not
intended as individual tax advice. In addition, there can be no assurance that the IRS will
agree with the tax treatment described herein or that, if challenged, such tax treatment would
be sustained in court. The applicable tax rules are complex, and their application to any
particular person may vary according to facts and circumstances specific to that person. The
Code and the Tax Regulations, and judicial and administrative interpretations thereof, are
subject to change, retroactively and/or prospectively.
This summary is based on the relevant provisions of the Code and the Tax Regulations. It is
poss
ible that Congress, the U.S. Treasury Department, the IRS, and other taxing authorities or
the courts may take actions that will adversely affect the tax law consequences described and
that such adverse effects may be retroactive. No final tax regulations or rulings concerning the
Plan have been issued by the IRS and, when issued, such regulations or rulings may alter the
tax consequences summarized herein or necessitate changes in the Plan to achieve the tax
benefits described. The summary does not address the potential effects on Beneficiaries of the
tax laws of any state. You should consult a qualified tax advisor about how the laws apply to
your circumstances. Federal and state laws or regulations are subject to change and could
affect the tax treatment of your Account.
Some states may impose taxes and/or penalties on investments in or withdrawals from a
Qua
lified ABLE Program offered by other states. These penalties and taxes may, in certain
cases, have the effect of offsetting some or all of the federal tax benefits discussed below.
Tax Regulations
The Treasury Department has issued regulations under Section 529A of the Code (Tax
Regulations). The Tax Regulations are effective as of November 21, 2020, but include a
transition period that ended, in most cases, on November 21, 2022.
In order to comply with the Tax Regulations, we may be required to modify procedures and
term
s and conditions. Any modifications may affect or change the rights and obligations of
the Beneficiary.
Federal Tax Considerations
63
Qualified ABLE Program
The Plan is designed to be a qualified ABLE program under Section 529A of the Code.
Eligible Individual
In order to open an Account and receive the tax benefits afforded a Beneficiary of an Account,
you must be an Eligible Individual. See Eligibility to Open an ABLE Account under Getting
Started above for more information.
One Account Rule
The Tax Regulations provide that, except for a limited period with respect to Rollovers, no
Beneficiary may have more than one Account in existence at the same time. If more than one
Account is opened by a Beneficiary, the later-opened account(s) will not be treated as an Account
under Section 529A of the Code and will not be eligible for the benefits applicable to Accounts.
For example, monies contributed to a second or subsequent Account will not be
disregarded in determining eligibility under federal means-tested programs, such as SSI,
and could result in the imposition of federal taxes and the Penalty Tax.
The Tax Regulations also provide, however, that if the entire balance of a second or other
subsequent Account is returned, in accordance with the rules that apply to returns of Excess
Contributions and Excess Aggregate Contributions, to the contributor(s) on or before the due
date (including extensions) for filing the Beneficiary’s income tax return for the year in which
the account was opened and contributions to the second or subsequent account were made,
those contributions will not be treated as a gift or distribution to the Beneficiary for purposes of
Section 529A of the Code. If the Excess Contributions or Aggregate Excess Contributions are
returned within the time periods specified above, any net income distributed can be included in
the gross income of the contributor(s) in the taxable year in which the Excess Contribution or
Excess Aggregate Contribution was made.
Federal Tax Considerations
64
Federal Tax Information
Contributions to the Plan are not deductible for federal income tax purposes. There are two
primary federal income tax advantages to investing in the Plan:
1. Investment earnings on the money invested in an Account grow tax-deferred. This means
tha
t your earnings are not subject to federal income tax while they remain in your Account.
2. Any investment earnings distributed from an Account as part of a Qualified Withdrawal are
fre
e from federal income tax.
Withdrawals
The tax treatment of a withdrawal from an Account will vary depending on whether the
withdrawal is a Qualified Withdrawal, a Non-Qualified Withdrawal, or a Rollover.
Qualified Withdrawal
If a Qualified Withdrawal is made from an ABLE account, no portion of the distribution is
included in the gross income of the Beneficiary for purposes of federal income taxes. A
Qualified Withdrawal is a withdrawal that is solely used to pay the Qualified Disability
Expenses of the Beneficiary. For such purpose, amounts distributed from an Account to pay
any part of a claim filed against the Beneficiary or the Account by a state under a state
Medicaid plan are considered Qualified Disability Expenses. If you take a withdrawal to pay
Qualified Disability Expenses in one year, but pay for expenses in the next year, you can treat
the Qualified Disability Expense as having been paid in the year you took the withdrawal as
long as you pay those expenses within 60 days after the end of the calendar year. Those
Qualified Disability Expenses will not be included in the total Qualified Disability Expenses for
that next year.
Example: Mary takes a withdrawal of $800 to pay her January 2024 rent in December
2023 but does not pay her rent until January 25, 2024. Mary can choose to include the
$800 as Qualified Disability Expenses paid for 2023. If she does, the $800 would not be
included as Qual
ified Disability Expenses paid in 2024.
Federal Tax Considerations
65
Non-Qualified Withdrawal
The portion of a Non-Qualified Withdrawal attributable to investment earnings on the Account
will be ordinary income to the Beneficiary for purposes of federal income taxes for the year in
which the withdrawal is made. No part of the earnings portion will be treated as capital gain.
Under current law, the federal tax rates on ordinary income are generally greater than the tax
rates on capital gain. The contribution portion of a Non-Qualified Withdrawal is not includable
in federal gross income.
Additionally, to the extent that a distribution is a Non-Qualified Withdrawal, the federal income
tax
liability of the recipient will be subject to a Penalty Tax on the earnings portion of the
withdrawal, subject to certain exceptions set forth below.
Exceptions to Penalty Tax
The Penalty Tax does not apply to Non-Qualified Withdrawals that are:
Paid to the estate of a Beneficiary on or after the Beneficiary’s death;
Paid to an heir or legatee of the Beneficiary;
Paid as any part of a claim filed against the Beneficiary or the Account by a state
under
a state Medicaid plan;
Returns of Excess Contributions;
Returns of Excess Aggregate Contributions; or
Returns of contributions to additional purported Accounts made by the due date
(inc
luding extensions) of the Beneficiary’s tax return for the year in which the
relevant contributions were made.
You should consult your own tax advisor regarding the application of any of the above exceptions.
Rollovers
No portion of a Rollover is includable in the gross income of the Beneficiary for purposes of
federal income taxes, nor is subject to the Penalty Tax.
Change of Beneficiary
A change in the Beneficiary of an Account is not treated as a distribution and is not subject to
federal gift or GST taxes if the new Beneficiary is an Eligible Individual and a Sibling of the
Beneficiary. However, if the new Beneficiary is not a Sibling of the Beneficiary, the change is
treated as a Non-Qualified Withdrawal by the current Beneficiary and may have federal gift tax
or GST tax consequences.
Federal Tax Considerations
66
Earnings
If there are earnings in an Account, each distribution from the Account consists of two parts.
One part is a return of the contributions to the Account. The other part is a distribution of
earnings in the Account. For any year in which there is a withdrawal from an Account, the Plan
Manager will issue an IRS Form 1099-QA. This form will set forth the total amount of the
withdrawal and identify the earnings portion and the contribution portion of any withdrawal.
Gift Tax and GST Tax
For federal gift tax and GST purposes, contributions to an Account by the Beneficiary are not
considered to be completed gifts because an individual cannot make a transfer of property to
himself or herself, and a transfer of property is a fundamental requirement for a completed gift.
However, contributions to an Account by persons other than the Beneficiary are considered a
completed gift from the contributor to the Beneficiary and are eligible for the annual gift tax
exclusion. Contributions that qualify for the annual gift tax exclusion are generally also
excludable for purposes of the federal GST tax. A donor’s total contributions to a Beneficiary’s
Account in any given year (together with any other gifts made by the donor to the Beneficiary in
the year) will not be considered taxable gifts and will generally be excludable for purposes of
the GST tax if the gifts do not in total exceed the annual exclusion for the year. The annual
exclusion is $18,000 in 2024. This means that in each calendar year a donor may contribute
up to $18,000 to a Beneficiary’s Account without the contribution being considered a taxable
gift if the donor makes no other gifts to the Beneficiary in the same year. The annual exclusion
is indexed for inflation and therefore is expected to increase over time.
Estate Tax
The Tax Regulations provide that, upon the death of the Beneficiary, all amounts remaining in
the Account are includible in the Beneficiary’s gross estate for purposes of the federal estate tax.
Medicaid Recapture
Under Section 529A of the Code, following the death of the Beneficiary, any state may file a
claim against the Account for the amount of the total medical assistance paid for the
Beneficiary under the state’s Medicaid plan after the establishment of the Account (or any
Account from which amounts were rolled or transferred to the current Account). Payment of
any Medicaid claim is subject to payment of any outstanding Qualified Disability Expenses of
the Beneficiary. The amount paid in satisfaction of a claim is not a taxable distribution from
the Account.
Federal Tax Considerations
67
Eligibility for Saver’s Credit
Contributions to an ABLE program account are eligible for the federal saver’s tax credit. The
saver’s credit is a nonrefundable federal tax credit for certain eligible taxpayers for
contributions made for certain qualified retirement savings and Accounts. The maximum
annual contribution eligible for the saver’s credit is $2,000 per individual and the credit rate
depends on the adjusted gross income of the individual. Eligible individuals who qualify for the
saver’s credit will be able to both make a contribution to their Account and claim the credit for
federal income tax purposes.
For more information on the saver’s credit please go to irs.gov or consult a qualified tax
advisor
. Unless Congress acts to change the law, the eligibility for ABLE contributions to
qualify for the saver’s credit will expire after December 31, 2025.
68
Oversight of the Plan
The Plan and the Trust
The Plan was created by the Washington Act. The Plan is designed to help people save for the
costs of Qualified Disability Expenses and is administered by the Board. All Plan assets are
held in the Trust pursuant to the Washington Act in the custody of the Washington State
Treasurer. The Board consists of the Washington State Treasurer or a designee, the Program
Director for the Committee on Advanced Tuition Payment, the Director of the Office of Financial
Management or a designee, and four other members appointed by the State Governor.
Plan Governance
Federal law, the Washington Act, applicable federal and state regulations, this Plan Disclosure,
and the Participation Agreement govern the terms of your Account. Any amendments to
applicable federal or state law or regulations, the Plan Disclosure, or the Participation
Agreement will amend the terms of your Account when such amendments become effective.
Plan Manager
The Plan Manager is Vestwell State Savings. Vestwell provides administrative and recordkeeping
services to the Plan under the direction of the Board. Vestwell and the Board have entered into a
contract (Management Agreement) under which Vestwell and its subcontractors, including The
Bank of New York Mellon and BNY Investment Management Services LLC., provide services to
the Plan. The Management Agreement expires June 30, 2025, is renewable for successive two
year terms, and is subject to the possibility of earlier termination under specified circumstances,
such as a material breach of the Management Agreement.
Investment Consultant
The Plan’s Investment Consultant is Sellwood Consulting, LLC. Sellwood is a registered
investment advisor under the Investment Advisers Act. The Investment Consultant provides
investment management advisory and related services to the Board for the Plan, which
includes recommending the Underlying Investments for each of the Plan’s Portfolios and
monitoring of the Portfolios in accordance with an Investment Policy Statement approved by
the Board.
Oversight of the Plan
69
Custodian
The Plan Manager has subcontracted with The Bank of New York Mellon to provide custodial
services for the Plan. The Custodian is responsible for physical custody and safekeeping of
investment assets. Custodian responsibilities include, but are not limited to, physical custody
and safekeeping of investment assets, securities settlement, income and principal collection
and corporate action reporting and filing, and providing information related to these services.
Additionally, the Custodian will calculate the net asset value for each Portfolio daily.
The Bank
The Bank of New York Mellon holds the amounts contributed to the Cash Option in an
omnibus cash account at the Bank.
Partner State
The Plan is part of the collaboration with the State of Oregon. According to Board’s agreement
with the State of Oregon, certain fees charged to Accounts are paid to the State of Oregon. See
Cost of Your ABLE Account beginning on page 31.
70
Reporting
ABLE Account Statements
You will receive quarterly and annual statements indicating:
Contributions to each Portfolio, if any, made to your Account during the period and
aggregate contributions, if any, year-to-date.
Withdrawals, if any, from each Portfolio in your Account made during the period.
The total value of your Account at the end of the period.
Reports to Social Security
Under Section 529A of the Code, we are required to maintain records and provide the SSA with
reporting on Accounts. Based on guidance from SSA, we are required to provide monthly
electronic reports to SSA, including without limitation the following information for each
Account: the name of the Beneficiary; Social Security number of the Beneficiary; date of birth
of the Beneficiary; name of the person who has signature authority (if different from the
Beneficiary); unique account number assigned to the Account; Account opening date; Account
closing date; balance as of the first moment of the month (that is, the balance as of 12:00 a.m.
local time on the first of the month); date of each withdrawal in the reporting period; and
amount of each withdrawal in the reporting period.
Financial Statements
A biennial audit report for the Plan is prepared by independent certified public accountants in
accordance with generally accepted accounting principles. A copy of the audit report may be
requested from the Plan.
Electronic Delivery
You have the option of receiving all your Plan documents electronically. Electronic delivery will
eliminate the $10 additional annual fee for printing and mailing paper documents. Log on to
your Account at washingtonstateable.com to request electronic delivery.
Important Legal Information
71
Important Legal Information
No Pledging of Account Assets
The Beneficiary may not use any part of the ABLE Account or other interest in the Plan as
security for a loan.
Beneficiary as Account Owner
The Beneficiary is the owner of the ABLE Account. Neither a Beneficiary Representative nor an
Authorized Legal Representative may have or acquire any beneficial interest in the Beneficiary’s
ABLE Account and must administer the ABLE Account for the benefit of the Beneficiary.
No Sale or Exchange
No interest in an ABLE Account may be sold or exchanged.
Bankruptcy and Related Matters
Federal law expressly excludes certain funds from an individual debtor’s bankruptcy estate
(which funds, therefore, will not be available for distribution to that individual’s creditors), if the
funds are contributed by such individual to an ABLE account. The bankruptcy protection for
ABLE accounts is limited, however. The funds contributed will be protected if the Beneficiary is
the individual debtor’s child, stepchild, grandchild, or step grandchild for the taxable year in
which the funds were placed in the ABLE account, and only to the extent that such funds (1) are
not pledged or promised to any entity in connection with any extension of credit; and (2) are not
Excess Contributions, subject to the following limits: contributions made by the debtor to an
ABLE account more than 720 days before a federal bankruptcy filing are completely protected;
contributions made by the debtor to an ABLE account during the period beginning 365 days
through 720 days before a federal bankruptcy filing are protected up to $7,575; and
contributions made by the debtor to an ABLE account less than 365 days before a federal
bankruptcy filing are not protected against creditor claims in federal bankruptcy proceedings.
State laws may offer different creditor protections. You should consult your legal advisor
reg
arding the effect of any bankruptcy filing on your ABLE account. This information is not
meant to be individual advice, and Beneficiaries should consult with their own advisors
concerning their individual circumstances.
Important Legal Information
72
Unclaimed Funds
Many states (including Washington) have unclaimed property laws or similar laws under which if
certain statutory requirements are met, funds in an Account are considered abandoned or
unclaimed. Your state may request that the Plan transfer the funds in your Account pursuant to
such laws. The Plan will only transfer funds to your state as required by applicable law. To help
ensure that your funds will not be considered abandoned, please always keep your current email
address on file with the Plan and respond to inquiries received from the Plan Manager.
Plan Privacy Policy
Please read this notice carefully. It gives you important information about how the Plan
handles nonpublic personal information it may receive about you in connection with the Plan.
Information the Plan Collects
Nonpublic personal information about you (which may include your Social Security Number or
Taxpayer Identification Number) may be obtained in any of the following ways:
you provide it on the Enrollment Form;
you provide it on other Plan forms;
you provide it on the secure portion of the Plan’s website; or
you provide it to complete your requested transactions.
How Your Information is Used
We do not disclose your personal information to anyone for marketing purposes. We disclose your
personal information only to those Service Providers who need the information to respond to your
inquiries or to service and maintain your Account. In addition, the Plan or its Service Providers
may be required to disclose your personal information to government agencies and other
regulatory bodies (for example, for tax reporting purposes or to report suspicious transactions).
The Service Providers who receive your personal information may use it to:
process your Plan transactions;
provide you with Plan materials; and
mail your Account statements.
Important Legal Information
73
These Service Providers provide services at the Plan’s direction and include fulfillment
companies, printing, and mailing facilities. They are required to keep your personal information
confidential and to use it only for providing contractually required services to the Plan.
Security of Your Information
The Plan protects the personal information you provide against unauthorized access,
disclosure, alteration, destruction, loss, or misuse. Your personal information is protected by
physical, electronic, and procedural safeguards in accordance with federal and state standards.
These safeguards include appropriate procedures for access to and use of electronic data,
provisions for the secure transmission of sensitive personal information on the Plan’s website,
and telephone system authentication procedures.
Changes to this Privacy Policy
We will periodically review this Privacy Policy and its related practices and procedures. You will
be notified of any material amendments to this Privacy Policy.
Notice About Online Privacy
The personal information that you provide through the Plan’s website is handled in the same
way as the personal information that you provide by any other means, as described above. The
sections below give you additional information about the way in which personal information
that is obtained online is handled.
Online Enrollment, Account Information Access, and Online Transactions
When you visit the Plan’s website, you can go to pages that are open to the general public or
log on to protected pages to enroll in the Plan, access information about your Account, or
conduct certain transactions related to your Account. Once you have opened an Account,
access to the secure pages of the Plan’s website is permitted only after you have created a user
ID and password by supplying your Social Security Number or Taxpayer Identification Number
and Account number. The user ID and password must be supplied each time you want to
access your Account information online. This information serves to verify your identity.
When you enter personal data into the Plan’s website (including your Social Security Number
or Taxpayer
Identification Number and your password) to enroll or access your Account
information online, you will log into secure pages where Secure Sockets Layer (SSL) protocol is
used to protect information. To use this section of the Plan’s website, you need a browser that
supports encryption and dynamic web page construction. If you provide personal information
to effect transactions on the Plan’s website, a record of the transactions that you have
performed while on the site is retained by the Plan.
Important Legal Information
74
Other Personal Information Provided by You on the Plan’s Website
If you decide not to enroll online and want to request that Plan materials be mailed to you, you
can click on another section of the Plan’s website to provide your name, mailing address, and
email address. The personal information that you provide on that page of the site will be stored
and used to market the Plan more effectively. The information provided is protected by the
Secure Sockets Layer (SSL) protocol.
75
Important Definitions
This Plan Disclosure is intended to be as clear and understandable as possible. However,
certain words and terms used throughout this Plan Disclosure do carry special meanings. This
glossary of certain terms is included here for your easy reference. Refer to the text throughout
the Plan Disclosure for a more complete discussion of these terms.
529 Plan
A Qualified Tuition Program designed to save for education expenses authorized under Section
529 of the Code.
ABLE to Work Contributions
If a Beneficiary is earning wages from employment, they may contribute above the Annual
Contribution Limit. This contribution will be identified as an ABLE to Work Contribution. If the
Beneficiary or their employer is contributing to (i) a defined contribution plan (Section 414(i) of
the Code) meeting the requirements of Section 401(a) or 403(a), (ii) tax sheltered annuity plan
(Section 403(b) of the Code), or (iii) an eligible deferred compensation plan described in Section
457(b) of the Code, they cannot participate in the additional ABLE to Work Contribution.
Account
An account in the Plan established by an Account Owner to provide funds for Qualified
Disability Expenses.
Annual Contribution Limit
The limit of total contributions from any source to an Account. The current annual limit is
$18,000 in 2024, plus ABLE to Work Contributions, if applicable.
Authorized Legal Representative
An individual who is designated to act on the Account Owner’s behalf with respect to the
Account if the Account Owner is not able to exercise signature authority over the Account. An
Authorized Legal Representative may be an Eligible Individual’s agent under a power of
attorney, a conservator or legal guardian, a spouse, a parent, a sibling a grandparent, or an
SSA representative payee (individual or organization), in that order of priority.
Important Definitions
76
Bank
The Bank of New York Mellon.
Beneficiary, Account Owner or You
You, the Beneficiary of the Account, are the owner of the Account. In order to be a Beneficiary,
you must be an Eligible Individual.
Beneficiary Representative
An individual selected by the Eligible Individual to open and maintain an Account on their
behalf. A Beneficiary Representative is not subject to the hierarchy requirements applicable to
Authorized Legal Representatives.
Board or Plan Administrator
The Governing Board of the Washington Achieving a Better Life Experience Program.
Business Day
A day on which the New York Stock Exchange is open for trading.
Cash Option
The Portfolio designed to protect the principal contributed to your Account. The Cash Option
deposits 100% of its funds into an account with the Bank.
Code
The Internal Revenue Code of 1986, as amended.
Diagnosis-Based Eligibility
Status as an Eligible Individual for a taxable year based on a disability certification meeting
specified requirements, including being made under penalties of perjury.
Important Definitions
77
Eligible Individual
An individual is an Eligible Individual for a taxable year if, during that year, either (1) the
individual is entitled to benefits based on blindness or disability under Title II (SSDI) or XVI
(SSI) of the Social Security Act, or (2) a disability certification meeting specified requirements is
deemed filed with the U.S. Secretary of the Treasury. In all cases, the blindness or disability
must have occurred before the date on which the individual attained age 26.
Excess Aggregate Contributions
Contributions that would exceed the Maximum Account Balance Limit.
Excess Contributions
Contributions made in excess of the Annual Contribution Limit.
Good Order
Good Order means we have received your contribution and you have filled out all the correct
information necessary to enroll in the Plan or to instruct the Plan to take an action on your
behalf, such as to make a contribution or a withdrawal.
Investment Options or Portfolios
The investments offered by the Plan. The Investment Options include the Cash Option, the
ABLE Conservative Investment Option, the ABLE Moderate Investment Option, and the ABLE
Aggressive Investment Option.
IRS
Internal Revenue Service.
Management Agreement
The Management Agreement between the Board and the Plan Manager.
Maximum Account Balance Limit
$500,000. When the fair market value of an Account reaches the Maximum Account Balance
Limit, no additional contributions will be accepted. However, assets in your Account can
continue to accrue earnings and if the balance of the Account falls below $500,000, additional
contributions can be made up to the Maximum Account Balance Limit.
Important Definitions
78
Non-Qualified Withdrawal
Any withdrawal from your Account not used to pay your Qualified Disability Expenses. Note
that expenses will not be Qualified Disability Expenses if they are incurred at a time when a
Beneficiary is not an Eligible Individual.
Participation Agreement
The agreement between you and the Board, that governs your use of the Plan and is
enforceable by the Board and included with this Plan Disclosure.
Penalty Tax
A 10% additional federal tax imposed on the earnings portion of certain Non-Qualified
Withdrawals.
Plan
The Washington ABLE Savings Plan.
Plan Manager
Vestwell State Savings, LLC, or any successor thereto.
Plan Officials
The State, the Plan, the Board, the Trust and its trustee, any other agency of the State, the
Plan Manager (including its affiliates and agents), the Investment Managers (including their
respective affiliates and agents), and any other counsel, advisor, or consultant retained by, or
on behalf of, those entities and any employee, officer, official, or agent of those entities.
Qualified ABLE Program
A plan designed to comply with the requirements of Section 529A of the Code.
Important Definitions
79
Qualified Disability Expenses
Any expenses that
1. are incurred at a time when the Beneficiary is an Eligible Individual,
2. relate to the blindness or disability of the Beneficiary, and
3. are for the benefit of the Beneficiary in maintaining or improving his or her health,
ind
ependence, or quality of life.
These expenses include, but are not limited to, expenses related to the Beneficiary’s education,
hous
ing, transportation, employment training and support, assistive technology and personal
support services, health, prevention and wellness, financial management and administrative
services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and
other expenses that may be identified from time to time by the IRS.
Qualified Withdrawal
Any withdrawal used to pay for Qualified Disability Expenses.
Rollover
A transfer of funds from one ABLE account to another or from a 529 Plan to an ABLE account.
Rollovers can be direct or indirect.
Service Providers
The Plan Manager, the Investment Consultant, the Custodian and other entities with which the
Plan Manager contracts to provide services to the Plan.
Sibling of the Beneficiary
A sibling of the Beneficiary, whether by blood or by adoption. A Sibling of the Beneficiary
includes a brother, sister, stepbrother, stepsister, half-brother, and half-sister.
Social Security Act Eligibility
Status as an Eligible Individual for a taxable year based on eligibility to receive SSDI or SSI
benefits based on blindness or disability under Title II or XVI of the Social Security Act.
Important Definitions
80
SSDI
The Social Security Disability Insurance program under Title II of the Social Security Act.
SSI
The Supplemental Security Income program under Title XVI of the Social Security Act.
State
The State of Washington
Successor Beneficiary
The individual that the Beneficiary designates as a successor Beneficiary to the Account upon the
death of the Beneficiary. The Tax Regulations permit the appointment of a Successor Beneficiary;
however, the Successor Beneficiary must meet eligibility requirements to open an Account. In
addition, a Successor Beneficiary for an Account must be a Sibling of the Beneficiary.
Tax Regulations
The final regulations adopted by the IRS regarding Qualified ABLE Programs.
Trust
The statutory trust created by the Washington Act to hold the Plan’s assets. The Trust is the
issuer of the interests offered under this Plan Disclosure.
Underlying Investments or Funds
The mutual funds and bank account serving as underlying investments for the
Investment Options.
Unit
The measurement of an Account’s interest in an Investment Option. When you contribute to
your Account and choose to invest in an Investment Option(s) (other than the Cash Option),
your money will be invested in Units of one or more Investment Options. Investments directed
to the Cash Option will be valued at cash value.
Important Definitions
81
Washington Act
The Washington Achieving a Better Life Experience Act.
We, us or our
The Plan, the Board, the State and/or the Plan Manager, as applicable.
82
Participation Agreement
In this section, we ask you to indemnify the Plan Officials, to make certain representations to
us and to acknowledge your responsibilities as follows:
I am entering into this legally binding Participation Agreement (Agreement) with the Board in
order
to establish an Account in the Plan. I am legally competent and over the age of 18 and a
citizen or a resident of the United States of America, who resides in the United States of
America or, that I have the requisite authority to enter into this Agreement and to open an
Account on behalf of the Beneficiary. I also certify that the person named as Beneficiary of the
Account is a citizen or a resident of the United States of America.
I understand that amounts contributed to my Account will be used to acquire Units of interest
in o
ne or more Portfolios of the Trust established by the Board to hold assets of the Portfolios
offered by the Plan. I understand and agree that this Agreement is subject to the Plan
Disclosure. I understand that all of the information in the Plan Disclosure and in my completed
Enrollment Form are part of this Agreement. I understand that by enrolling in the Plan I have
accepted the terms of the Plan Disclosure and this Agreement. The effective date of this
Agreement is the date my signed Enrollment Form is submitted to the Plan online or by mail
and accepted by the Plan.
Each capitalized term used in this Agreement has the meaning set forth in the Plan Disclosure,
and
such meanings are incorporated into this Agreement and made a part of this Agreement as
if they were set forth in the body of this Agreement.
For purposes of this Agreement, “I” or “me” or “my” refers to the Beneficiary or his or her
Ben
eficiary Representative or Authorized Legal Representative to the extent permitted by the
Plan Disclosure.
A. Agreements, Representations, and Warranties of the Beneficiary.
I hereby agree with, and represent and warrant to the Plan Officials, and their respective
successor and assigns, as follows:
1. I have received, read, and I understand the Plan Disclosure as currently in effect. I have
bee
n given the opportunity to obtain answers to all of my questions concerning the Plan,
my Account, and this Agreement. I acknowledge that there have been no representations or
other information about the Plan relied upon in entering into this Agreement, whether oral
or written, other than as set forth in the Plan Disclosure and this Agreement.
Participation Agreement
83
2. I have accurately and truthfully completed the Enrollment Form, and any other
documentation that I have furnished in connection with the opening of, and will accurately
and truthfully complete any documentation that I furnish in connection with the
maintenance of, or any withdrawals from, my Account, and all such documentation is or at
the time it is provided will be, accurate, truthful, and complete, including my status as an
Eligible Individual.
3. If I make false statements in connection with opening an Account or otherwise, the Board
and/or
the Plan Manager may take such action as the Board and/or the Plan Manager
deem necessary or appropriate, including, without limitation, terminating my Account or
requiring that I indemnify the Plan Officials as discussed under “Indemnity” below. I
understand that I may face criminal or civil penalties for making false statements under
applicable law.
4. I certify that I am opening this Account in order to provide funds for the Qualified Disability
Exp
enses of the Beneficiary and I understand that this Agreement constitutes the legal,
valid, and binding obligation of the Beneficiary.
5. By opening an Account, I am consenting to receive emails from the Board or its designee
about
the Plan and my Account. I understand that I may unsubscribe from emails about
the Plan at any time. I also understand that even if I unsubscribe from emails about the
Plan, the Board reserves the right to send me administrative emails regarding my Account
or as otherwise permitted by law.
6. As of the date that I execute my Enrollment Form, I do not have another Account in the
Plan
or any other Qualified ABLE Program. I will not knowingly make contributions to my
Account (or direct others to make contributions to my Account) now or in the future that (a)
will cause the contributions made to my Account to exceed the Annual Contribution Limit
in any given year, or (b) the aggregate balance of the Account to exceed the Maximum
Account Balance Limit then in effect for my Account.
7. I recognize that the investment of contributions and earnings, if any, in my Account
inv
olves certain risks, and I have taken into consideration and understand the risk
factors related to these investments, including, but not limited to, those set forth in the
Plan Disclosure.
8. If I am a Beneficiary Representative or an Authorized Legal Representative acting on behalf
of a
Beneficiary, I understand that each time I make a withdrawal from the Account I am
deemed to be certifying that: the withdrawal is duly authorized under all applicable law and
any governing documents that apply to the Account, and is for the benefit of the Beneficiary
and not for my own personal benefit or for the benefit of a third person.
9. With respect to each Investment Option other than the Cash Option, I understand and
agree
that neither contributions to, nor earnings, if any, on my Account are guaranteed or
Participation Agreement
84
insured by the FDIC, or any person or entity, including but not limited to, the Plan
Officials. I understand and agree that there is no guarantee that the Investment Options or
the Underlying Investments’ investment objectives will be achieved. I understand that none
of the Plan Officials, or any other person or entity are providing any assurances that I will
not suffer a loss of any amount invested in my Account, or making assurances that I will
receive a particular return on any amount in my Account. I understand that the Portfolios
in the Plan are not debts, liabilities, or obligations of the State of Washington or any
political subdivision thereof, including without limitation the Board, nor shall they be
deemed to constitute a pledge of the taxing power or the full faith and credit of the State of
Washington or any political subdivision thereof.
10. I understand and agree that federal and state laws are subject to change, sometimes with
retroactive effect, and the Plan Officials are not making any representation that such
federal or state laws will not be changed or repealed. I understand and agree that such
changes could have a negative effect on my Account.
11. I understand and agree that with respect to each Portfolio in the Plan, there is no guarantee
or comm
itment whatsoever from the Plan Officials, or any other person or entity that
contributions and investment returns, if any, in my Account will be sufficient to cover the
Qualified Disability Expenses of the Beneficiary.
12. I understand that the Service Providers will not necessarily continue in their roles for the
enti
re period my Account is open and that the Board may retain in the future additional
and/or different Service Providers for the Plan. I acknowledge that if this occurs, or even if
it does not, there is no assurance that I would not experience a material change to the
terms and conditions of the current Agreement, including to the Portfolios offered by the
Plan, services provided, and the fees and expenses of the Plan.
13. I understand and agree that I have not been advised by the Plan Officials to invest, or to
refra
in from investing, in a particular Portfolio. I understand and acknowledge that none of
the Plan Officials are providing me with any investment advice.
14. I understand and agree that the Trust is the record owner of the shares of any Underlying
Investments in which an Investment Option is invested, that my Account will not own any
such shares and that I will have no right to vote, or direct the voting of, any proxy with
respect to such shares.
15. I understand the following regarding the duties of the Board: neither the Board nor their
repre
sentatives have any duty to me to perform any action other than those specified in
this Agreement or the Plan Disclosure. The Board may accept and rely conclusively on any
instructions or other communications reasonably believed to have been given by me or
another authorized person, and may assume that the authority of any other authorized
person continues in effect until the Board receives written notice to the contrary. The Board
Participation Agreement
85
has no duty to determine or advise me of the investment, tax, or other consequences of my
actions, or of its actions in following my directions, or of its failing to act in the absence of
my directions. My Account and this Agreement are subject to the rules and regulations as
the Board may promulgate in accordance with Washington law. All decisions and
interpretations by the Board in connection with the Plan shall be final and binding on the
Beneficiary and any successors.
16. I understand the following regarding the duties of the Service Providers: neither the Plan
Manager nor any other Service Provider nor any of their respective affiliates or agents have
a duty to perform any actions, other than those specified in the Plan Disclosure and this
Agreement. The Plan Manager may accept and rely conclusively on any instructions or
other communications reasonably believed to have been given by me or another authorized
person and may assume that the authority of any other authorized person continues in
effect until the Plan Manager receives written notice to the contrary. The Plan Manager and
the other Service Providers have no duty to determine or advise me of the investment, tax,
or other consequences of my actions, or of their actions in following my directions, or of
their failing to act in the absence of my directions.
17. I understand that so long as the Service Providers are engaged by the Board to perform
services for the Plan, the Service Providers may follow the directives of the Board. When
acting in such capacity, the Service Providers shall have no liability to the Beneficiary of or
to the Beneficiary Representative or the Authorized Legal Representative, for an Account or
any other person.
18. I understand that Non-Qualified Withdrawals will be subject to federal and state income
taxe
s, and potential tax penalties.
19. I acknowledge and agree to the fees, charges, or penalties applicable to my Account, and
unders
tand that they may change in the future.
20. I understand that the Plan is intended to be a Qualified ABLE Program under Section 529A
and t
he Plan is intended to receive favorable federal and state tax treatment. I agree that
the State of Washington and the Board may make changes to the Plan, this Agreement, and
the Plan Disclosure at any time, including without limitation, if it is determined that such
changes are necessary for the continuation of the federal income tax treatment provided by
Section 529A of the Code or the favorable state tax treatment provided by state law or any
similar successor legislation.
21. I understand that the Plan Manager has the right to provide a financial professional identified
by me to the Plan with access to financial and other information regarding my Account.
Participation Agreement
86
B. Statutes, Policies, and Operating Procedures
My Account and this Agreement are subject to, and incorporate by reference, the Washington
Act, any regulations, policies and operating procedures adopted for the Plan by the State of
Washington or the Board, any amendments to the Washington Act, other applicable statutes or
policies and operating procedures, and any rules or regulations as the State of Washington or
the Board may promulgate in accordance with state law. Any amendments to relevant statutes,
regulations, policies or operating procedures automatically amend this Agreement and any
amendments shall become effective no later than the effective date of the applicable law or
regulation or change in policy or operating procedures.
C. Indemnity
I understand that the establishment of my Account will be based upon the agreements,
representations, and warranties set forth in this Agreement. I agree to indemnify and hold
harmless each of the Plan Officials from and against any and all loss, damage, liability, or
expense, including reasonable attorneys’ fees, that any of them may incur by reason of, or in
connection with, any misstatement or misrepresentation made by me in this Agreement or
otherwise with respect to my Account, and any breach by me of any of the agreements,
representations, or warranties contained in this Agreement.
D. Complaint Resolution Process
Should a dispute arise out of this Agreement, the Beneficiary shall contact the Plan Manager
to attempt resolution within 60 days of the dispute arising. The Beneficiary and the Plan
Manager shall first attempt to resolve the dispute through direct discussions in a spirit of
mutual cooperation.
The parties hereby establish the following out of court alternate dispute resolution procedure
to be followed in the event of certain controversies or disputes involving my Account or this
Agreement that may arise between a Beneficiary Representative, an Authorized Legal
Representative and/or Beneficiary and the Plan Officials. If a dispute develops between a
Beneficiary Representative or an Authorized Legal Representative and the Plan Officials or
between the Beneficiary and the Plan Officials related to the Beneficiary’s Account
transactions or other administrative matters involving an Account, then the parties will
submit to non-binding mediation to address the dispute. The parties will mutually determine
the location, date, duration, and process for any such mediation effort and be bound by the
terms and conditions as set forth in any settlement agreement that is executed following the
mediation. Adjudication of any controversies between a Beneficiary and the Plan Officials that
cannot be resolved through the mediation process described above shall be heard in a court
of law. Some controversies between the parties may involve claims that are owned by the
Participation Agreement
87
Board or the Trust and can only be brought by the Board or the Trust. This provision is not
intended to cover such claims.
E. Amendment and Termination
Subject to certain limitations, and except as otherwise provided herein, the Board may, at any
time, and from time to time, amend this Agreement or the Plan Disclosure, or suspend or
terminate this Agreement and the Plan, by giving written notice of such action to the
Beneficiary, but Account assets may not thereby be diverted from the exclusive benefit of the
Beneficiary except as permitted by applicable law. Nothing contained in this Agreement or the
Plan Disclosure shall constitute an agreement or representation by the Board, on its own
behalf or on behalf of the Plan Manager, that it will continue to maintain the Plan indefinitely.
If the Plan is terminated, the balance of an Account will be paid to the Beneficiary, to the extent
possible, and any unclaimed assets shall be delivered by the Board in accordance with any
applicable law. If an Account has not been closed and the Account is presumed abandoned by
applicable law and regulations, the Board, after making reasonable efforts to contact the
Beneficiary Representative, the Authorized Legal Representative and/or the Beneficiary or their
agents, may report any unclaimed funds to the applicable state.
F. Miscellaneous
1. Binding Nature. This Agreement shall survive the death of any individual Beneficiary and
shall be binding upon any executors or administrators, as applicable.
2. Severability. If any provision of this Agreement or the Plan Disclosure is held to be invalid,
illega
l, void, or unenforceable, by reason of any law, rule, or administrative order, or by
judicial decision, such determination will not affect the validity of the remaining provisions
of this Agreement.
3. Headings. The heading of each section, paragraph, and provision in this Agreement is for
desc
riptive purposes only and shall not be deemed to modify or qualify any of the rights or
obligations set forth in each such section, paragraph and provision.
4. Governing Law. This Agreement shall be construed in accordance with and shall be
governed
by the laws of the State of Washington, without regard to choice of law rules of
any state. The Beneficiary’s, Beneficiary Representative’s or Authorized Legal
Representative’s execution of the Enrollment Form shall constitute execution and adoption
of this Agreement.
5. Automatic Contribution Authorization. If I have chosen to contribute by automatic
contr
ibution plan, I authorize the Plan, upon telephone or online request, to pay amounts
representing redemptions made by me or to secure payment of amounts invested by me,
by initiating credit or debit entries to my bank account. I authorize my bank to accept any
Participation Agreement
88
such credits or debits to my Account without responsibility for their accuracy. I
acknowledge that the origination of ACH transactions involving my bank account must
comply with U.S. law. I further agree that the Plan Officials will not incur any loss,
liability, cost, or expense for acting upon my telephone or online request. I understand
that any authorization by me to make contributions by automatic contribution plan may
be terminated by me at any time by notifying the Plan and the bank and that the
termination request will be effective as soon as the Plan and the bank have had a
reasonable amount of time to act upon it. I certify that I have authority to transact on the
bank account I utilize for automatic contribution plan and EFT contributions.
My statements, representations, warranties, and covenants will survive the termination of
my Account.
Administrator:
Washington Achieving A Better Life
Program Governing Board
January 2024
Program managed by
Vestwell State Savings, LLC.