Savings Trust Accounts; Availability; Terms and Provisions

1. Law
2. Georgia Code
3. Education
4. Postsecondary Education
5. Georgia Higher Education Savings Plan
6. Savings Trust Accounts; Availability; Terms and Provisions

1. The plan, through one or more programs, shall make savings trust agreements and savings trust accounts available to the public, under which account owners or account contributors 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 shall 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. Savings trust agreements shall be available to both residents of the State of Georgia and nonresidents of the State of Georgia. One or more savings trust accounts may be established for any qualified beneficiary, subject to the limitations of this article.
2. Each savings trust agreement made pursuant to this article shall include the following terms and provisions:
   1. The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law; provided, however, that no additional contributions may be made to a savings trust account when the total account balance for all accounts for the beneficiary equals or exceeds $235,000.00;
   2. Provisions for assessment and collection of reasonable fees which shall be charged to cover the administration of the account;
   3. Provisions for withdrawals, refunds, rollovers, transfers, and any penalties. An account owner may roll over all or part of any balance in an account to an account established on behalf of a different beneficiary to the extent allowed by Section 529 of the Internal Revenue Code. Unqualified withdrawals of contributions and earnings shall be subject to such penalties or taxation as may be imposed by the Internal Revenue Code. At its discretion, the board may impose additional penalties on unqualified withdrawals to be used by the plan to defray expenses; provided, however, that no such penalty shall apply to any withdrawal that does not require a penalty or tax surcharge under the Internal Revenue Code of 1986;
   4. The name, address, and date of birth of the beneficiary on whose behalf the savings trust account is opened;
   5. Terms and conditions for a substitution of the beneficiary originally named;
   6. Terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person or persons entitled to terminate the account;
   7. All other rights and obligations of the account owner or account contributor and the trust fund; and
   8. Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.

(Code 1981, §20-3-634, enacted by Ga. L. 2001, p. 76, § 1; Ga. L. 2002, p. 372, § 10; Ga. L. 2007, p. 112, § 1/HB 225; Ga. L. 2008, p. 159, § 5/HB 1014.)

Cross references.

- Computation of taxable net income, § 48-7-27.

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