37-155-109 - Savings trust agreements.
§ 37-155-109. Savings trust agreements.
(1) The board shall make savings trust agreements available to the public, under which account owners or other payors may make contributions on behalf of qualified beneficiaries. Contributions and investment earnings on the contributions may be used for any qualified higher educational expenses of a designated beneficiary. The state does not guarantee that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified education expenses in full.
(2) Each savings trust agreement made pursuant to this article shall include the following terms and provisions:
(a) The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions, both as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law;
(b) Provisions for withdrawals, refunds, transfers and any penalties;
(c) The name, address and date of birth of the beneficiary on whose behalf the savings trust account is opened;
(d) Terms and conditions for a substitution of the beneficiary originally named;
(e) Terms and conditions for termination of the account, including any refunds, withdrawals or transfers, and applicable penalties, and the name of the person or persons entitled to terminate the account;
(f) The time period during which the beneficiary must use benefits from the savings trust account;
(g) All other rights and obligations of the account owner and the MACS Trust Fund; and
(h) Any other terms and conditions that the board deems necessary or appropriate, including those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.
Sources: Laws, 2000, ch. 473, § 5, eff from and after July 1, 2000.