§ 99-x. New York achieving a better life experience (NY ABLE) savings program trust fund. 1. There is hereby established in the sole custody of the state comptroller a special fund to be known as the New York achieving a better life experience (NY ABLE) savings program trust fund. All payments from such fund shall be made in accordance with article eighty-four of the mental hygiene law. 2. The fund shall be a trust fund and shall consist of a trust account and an operating account. The trust account shall include amounts received by the NY ABLE savings program pursuant to NY ABLE savings agreements, administrative charges, fees, and all other amounts received by the program from other sources, and interest and investment income earned by the trust fund. The comptroller shall, from time to time, make transfers from the trust account to the operating account for the immediate payment of obligations under NY ABLE savings agreements, operating expenses and administrative costs of the NY ABLE savings program. Administrative costs shall be paid out of the operating account according to the terms and conditions established pursuant to the provisions of section 84.05 of the mental hygiene law. 3. (a) The comptroller, as trustee, shall invest the assets of the trust fund in investments authorized by article four-A of the retirement and social security law, provided however, that: (i) the provisions of paragraph (a) of subdivision two of section one hundred seventy-seven of the retirement and social security law shall not apply except for the first clause of subparagraph (ii) of such paragraph; and (ii) notwithstanding the provisions of subdivision seven of section one hundred seventy-seven of the retirement and social security law or any other law to the contrary, the assets of the trust fund may be invested in any funding agreement issued in accordance with section three thousand two hundred twenty-two of the insurance law by a domestic life insurance company or a foreign life insurance company doing business in this state, subject to the following: (1) such a funding agreement may provide for a guaranteed minimum rate of return; (2) such a funding agreement may be allocated as either a separate account or a general account of the issuer, as the comptroller may decide; (3) total investments of the trust fund pursuant to this paragraph in any funding agreements issued by a single life insurance company which are allocated as a general account of the issuer shall not, in the aggregate, exceed three hundred fifty million dollars; and (4) no assets of the trust fund shall be invested in any such funding agreement unless, at the time of such investment, the general obligations or financial strength of the issuer have received either the highest or second highest rating by two nationally recognized rating services or by one nationally recognized rating service in the event that only one such service rates such obligations.

(b) Trust fund assets shall be kept separate and shall not be commingled with other assets, except as provided herein. The comptroller may enter into contracts to provide for investment advice and management, custodial services, and other professional services for the administration and investment of the program. Administrative fees, costs and expenses, including investment fees and expenses, shall be paid from the assets of the fund. 4. The comptroller shall provide for the administration of the trust fund, including maintaining participant records and accounts, and providing annual audited reports. The comptroller may enter into contracts to provide administrative services and reporting.