Section 58-30-2 - Definitions.

58-30-2. Definitions.

As used in the Individual Development Account Act [58-30-1 NMSA 1978]:

A.     "account owner" means the person in whose name an individual development account is originally established;

B.     "allowable use" means a use that complies with the provisions of the Individual Development Account Act, or rules adopted pursuant to that act; 

C.     "authorized financial institution" means a financial institution authorized by the office to hold and manage individual development accounts and reserve accounts;

D.     "director" means the director of the office;

E.     "earned income" means wages from employment, payment in lieu of wages, disability payments, tribal distributions or earnings from self-employment or acquired from the provision of services, goods or property, production of goods, management of property or supervision of services;

F.     "eligible individual" means a person who meets the criteria for opening an individual development account;

G.     "individual development account" means an account established and maintained in an authorized financial institution by an eligible individual participating in an individual development account program pursuant to the provisions of the Individual Development Account Act;

H.     "individual development account program" means a program approved by the office to establish and administer individual development accounts and reserve accounts for eligible individuals and to provide financial training required by the office for account owners;

I.     "financial institution" means a bank, bank and trust, savings bank, savings association or credit union authorized to be a trustee of individual retirement accounts as defined by federal law, the deposits of which are insured by the federal deposit insurance corporation or the national credit union administration;

J.     "indigent" means an individual who, taking into account the present income and the liquid assets and the requirement for other basic necessities of life for the individual and the individual's dependents, is unable to pay the costs of allowable uses as set forth in the Individual Development Account Act;

K.     "matching funds" means money deposited in a reserve account to match the withdrawals for allowable uses from an individual development account according to a proportionate formula that complies with rules adopted by the director;

L.     "nonprofit organization" means an instrumentality of the state or a local government or an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation pursuant to Section 501(a) of that code;

M.     "office" means the office of workforce training and development;

N.     "program administrator" means a nonprofit organization or tribe that is selected pursuant to the Individual Development Account Act to offer an individual development account program pursuant to a contract with the director;

O.     "reserve account" means an account established pursuant to the Individual Development Account Act in an authorized financial institution in which matching funds are maintained and available for payment for a predetermined allowable use following completion of all program requirements by the account owner; and

P.     "tribe" means an Indian nation, tribe or pueblo located in whole or in part within New Mexico.