53H-10-204. Powers and duties of board.

307 words·~1 min read·/ut/title-53h/chapter-10/53h-10-204

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

(1)There is created the Utah Education Savings Board of Trustees.

(2)The Utah Board of Higher Education shall:

(a)appoint the members of the board as follows:

(i)not more than three members from the Utah Board of Higher Education; and

(ii)at least four public members, each of whom possesses skills in one or more of the following:

(A)investments;

(B)accounting;

(C)finance;

(D)banking;

(E)education;

(F)technology; or

(G)financial operations; and

(b)designate a member appointed under Subsection (2)(a) as chair.

(3)Each board member serves at the pleasure of the Utah Board of Higher Education.

(4)The board has all powers necessary to carry out and effectuate the purposes, objectives, and provisions of this chapter pertaining to the plan.

(5)The board shall act as a fiduciary of the plan with:

(a)a duty of care to act solely in the best interest of the plan's account owners and beneficiaries;

(b)a duty of loyalty putting the plan's interest ahead of other interests; and

(c)a duty to invest with care, skill, prudence, and diligence.

(6)The duties, responsibilities, funds, liabilities, and expenses of the board in oversight and governance of the plan shall be maintained separate and apart from the Utah Board of Higher Education's other duties, responsibilities, funds, liabilities, and expenses.

(7)The board shall:

(a)make policies governing the administration of the plan; and

(b)amend policies related to board governance.

(a)The board may appoint advisory committees to aid the board in fulfilling the board's duties and responsibilities.

(b)An advisory committee member may receive compensation and be reimbursed for reasonable expenses incurred in the performance of the member's official duties as determined by the board.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1