164A.707 Prepaid tuition contracts -- Amendments -- Accounts not subject to
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/ky/164a-707A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
creditors or taxes -- No guarantee of attendance at institution -- Payment of
contracts -- Beneficiaries -- Investments and earnings -- Contracts not
securities or annuities -- Contracts subject to amendment by subsequent
change to statute, regulation, or policy.
(1)Purchasers buying prepaid tuition for a qualified beneficiary shall enter into prepaid
tuition contracts with the board. These contracts shall be in a form as shall be
determined by the office. The contract shall provide for the purchase of a tuition
plan for prepaid tuition for the qualified beneficiary from one
(1)to five
(5)specific
academic years.
(2)Upon written notification to the office a purchaser may amend the prepaid tuition
contract to change:
(a)The qualified beneficiary, in accordance with 26 U.S.C. sec. 529;
(b)The projected college entrance year for which prepaid tuition is purchased.
Beginning July 15, 2014, if the amendment extends the projected college
entrance year, the utilization period shall begin with the initial projected
college entrance year;
(c)A tuition plan designation to another tuition plan designation;
(d)The number of years for which prepaid tuition is purchased; or
(e)Other provisions of the prepaid tuition contract as permitted by the board.
(3)A prepaid tuition account shall not be subject to attachment, levy, or execution by
any creditor of a purchaser or qualified beneficiary. Prepaid tuition accounts shall be
exempt from all state and local taxes including, but not limited to, intangible
personal property tax levied under KRS 132.020, individual income tax levied
under KRS 141.020, and the inheritance tax levied under KRS Chapter 140.
Payments from a prepaid tuition account used to pay qualified postsecondary
education expenses, or disbursed due to the death or disability of the beneficiary, or
receipt of a scholarship by the beneficiary shall be exempt from tax liabilities.
(4)Nothing in KRS 164A.700 to 164A.709 or in a prepaid tuition contract shall be
construed as a promise or guarantee that a qualified beneficiary shall be admitted to
an eligible educational institution, be allowed to continue to attend an eligible
educational institution after having been admitted, or be graduated from an eligible
educational institution.
(5)Prepaid tuition contract payments shall not be made in real or personal property
other than cash and shall not exceed the prepaid tuition. Prepaid tuition contract
payments may be made in a lump sum or installments.
(6)The purchaser shall designate the qualified beneficiary at the time the purchaser
enters into a prepaid tuition contract, except for a prepaid tuition contract purchased
in accordance with KRS 164A.700(13)(d). In the case of gifts made to the fund, the
board shall designate a qualified beneficiary at the time of the gift.
(7)The prepaid tuition contract shall provide that the purchaser and the qualified
beneficiary shall not directly or indirectly or otherwise control the investment of the
prepaid tuition account or earnings on the account. Payments made for prepaid
tuition shall be accounted for separately for each qualified beneficiary. No interest
or earnings on a prepaid tuition contract of the purchaser or qualified beneficiary
shall be pledged or otherwise encumbered as security of a debt.
(8)A prepaid tuition contract does not constitute a security as defined in KRS 292.310
or an annuity as defined in KRS 304.5-030.
(9)Each prepaid tuition contract is subject to, and shall incorporate by reference, all
operating procedures and policies adopted by the board, the statutes governing
prepaid tuition contracts in KRS 164A.700 to 164A.709, and administrative
regulations promulgated thereunder. Any amendments to statutes, administrative
regulations, and operating procedures and policies shall automatically amend
prepaid tuition contracts, with retroactive or prospective effect, as applicable.