§ 59-08-01 — Definitions

As used in this chapter, unless the context otherwise requires:
1. "Individual with a disability" means an individual who, before creation of a third-party
special needs trust or a self-settled special needs trust for that individual's benefit, is
considered to be an individual with a disability as defined in 42 U.S.C. 1382c(a)(3).
2. "Self-settled special needs trust" means a trust created by an individual with a
disability after August 10, 1993, which qualifies under 42 U.S.C. 1396p(d)(4).
3. "Third-party special needs trust" means a trust that does not make an individual with a
disability ineligible for publicly funded benefits while maintaining assets in that trust
and which is created for the benefit of an individual with a disability and funded by
someone other than the trust beneficiary, the beneficiary's spouse, a parent of a minor
beneficiary, or anyone obligated to pay any sum for damages or any other purpose to
or for the benefit of the trust beneficiary under the terms of a settlement agreement or
judgment.