164A.700 Definitions for KRS 164A.700 to 164A.709.

Download pdf

Loading PDF...


164A.700 Definitions for KRS 164A.700 to 164A.709. As used in KRS 164A.700 to 164A.709, unless the context requires otherwise: <br>(1) &quot;Academic year&quot; means the time period specified by each eligible educational institution; (2) &quot;Board&quot; means the board of directors of the Kentucky Higher Education Assistance Authority acting in the capacity of the board of directors of the Commonwealth <br>postsecondary education prepaid tuition trust fund; (3) &quot;Eligible educational institution&quot; means an institution defined in the Internal Revenue Code of 1986, as amended, 26 U.S.C. sec. 529(e)(5); (4) &quot;Fund&quot; means the prepaid tuition payment fund created in KRS 164A.701 and known as the &quot;Commonwealth Postsecondary Education Prepaid Tuition Trust <br>Fund&quot; or &quot;Kentucky's Affordable Prepaid Tuition&quot; (KAPT); (5) &quot;Prepaid tuition&quot; means the amount of tuition estimated by the board for the tuition plan under the prepaid tuition contract; (6) &quot;Prepaid tuition academic year conversion&quot; means the difference between the amount of prepaid tuition required in the original prepaid tuition contract and the <br>amount of prepaid tuition required in an amended prepaid tuition contract as the <br>result of the change in the academic year; (7) &quot;Prepaid tuition academic year conversion shortfall&quot; means the amount by which the prepaid tuition required in an amended prepaid tuition contract as the result of <br>the change in the academic year exceeds the amount of prepaid tuition required in <br>the original prepaid tuition contract; (8) &quot;Prepaid tuition account&quot; means the account for a qualified beneficiary as specified in the prepaid tuition contract; (9) &quot;Prepaid tuition contract&quot; means the contract entered into by the board and the purchaser for the purchase of prepaid tuition for a qualified beneficiary to attend any <br>eligible educational institution as provided in KRS 164A.700 to 164A.709; (10) &quot;Prepaid tuition conversion&quot; means the difference between the value of a prepaid tuition account and the tuition at an eligible educational institution; (11) &quot;Prepaid tuition conversion shortfall&quot; means the amount by which the actual tuition cost at an eligible educational institution exceeds the amount of the value of a <br>prepaid tuition account; (12) &quot;Purchaser&quot; means a person, corporation, association, partnership, or other legal entity who enters into a prepaid tuition contract; (13) &quot;Qualified beneficiary&quot; means a designated beneficiary, as defined in 26 U.S.C. sec. 529(e)(1), who is: <br>(a) A Kentucky resident designated as beneficiary at the time a purchaser enters into a prepaid tuition contract; or (b) A nonresident designated at the time a purchaser enters into a prepaid tuition contract who intends to attend an eligible institution in Kentucky; or (c) A new beneficiary, in the case of a change of beneficiaries under provisions of KRS 164A.707; or (d) An individual receiving a scholarship in the case of a prepaid tuition contract purchased by a state or local government or agency or instrumentality thereof <br>or an organization described in 26 U.S.C. sec. 501(c)(3), and exempt from <br>federal income taxation pursuant to 26 U.S.C. sec. 501(a) as part of a <br>scholarship program offered by the government entity or the organization; (14) &quot;Qualified postsecondary education expenses&quot; means qualified higher education expenses as defined in 26 U.S.C. sec. 529(e)(3); (15) &quot;Tuition&quot; means the prevailing tuition and all mandatory fees charged as a condition of full-time enrollment in an undergraduate program for an academic year for a <br>qualified beneficiary to attend an eligible educational institution; (16) &quot;Tuition Account Program Office&quot; or &quot;office&quot; means the office in the Kentucky Higher Education Assistance Authority that is responsible for administering the <br>prepaid tuition program and its accounts; (17) &quot;Tuition plan&quot; means a tuition plan approved by the board and provided under a prepaid tuition contract; and (18) &quot;Value of a prepaid tuition account&quot; means the amount which the fund is obligated to pay for tuition for an academic period based on full payment of the purchaser's <br>tuition plan; except, under a tuition plan for private colleges and universities, tuition <br>shall be calculated based on the same percentage that University of Kentucky tuition <br>is increased from the year the prepaid tuition contract is purchased to the year of <br>payment. Effective: April 25, 2006 <br>History: Amended 2006 Ky. Acts ch. 252, Pt. XXXI, sec. 1, effective April 25, 2006. -- Amended 2005 Ky. Acts ch. 162, sec. 3, effective July 1, 2005. -- Amended 2002 <br>Ky. Acts ch. 25, sec. 1, effective July 15, 2002. -- Created 2000 Ky. Acts ch. 163, <br>sec. 1, effective July 14, 2000.