KRS § 164A.709 — KY Code / Title XIII / Chapter 164A / Section 164A.709
164A.709 Termination of prepaid tuition contract or account -- Transfer of funds -- Operations of Commonwealth postsecondary education prepaid tuition trust fund and the Tuition Account Program Office to end on June 30, 2030
Status: in_force

164A.709 Termination of prepaid tuition contract or account -- Transfer of funds -

- Operations of Commonwealth postsecondary education prepaid tuition trust

fund and the Tuition Account Program Office to end on June 30, 2030.

(1) A purchaser may terminate a prepaid tuition contract at any time upon written

request to the office.

(2) Upon termination of a prepaid tuition contract at the request of a purchaser, the

office shall pay from the fund to the purchaser:

(a) The value of the prepaid tuition account or, if the contract has not been paid in

full, a pro rata amount calculated according to the portion of the plan that had

been paid, if the contract is terminated for the death of the qualified

beneficiary or the disability of the qualified beneficiary that, in the opinion of

the office, would make attendance by the beneficiary at an eligible educational

institution impossible or unreasonably burdensome;

(b) The amounts paid on the purchaser's prepaid tuition contract if the contract is

terminated and a request for refund is made before July 1 of the qualified

beneficiary's projected college entrance year. The board may determine a rate

of interest to accrue for payment on the amount otherwise payable under this

paragraph;

(c) For a prepaid tuition account terminated after June 30 of the qualified

beneficiary's projected college entrance year and prior to June 27, 2019:

1. The value of the prepaid tuition account for the 2014-2015 academic

year for accounts with a utilization period end date prior to 2012; or

2. The value of the prepaid tuition account at the end of the account's

utilization period plus three percent (3%) per annum for a maximum of

two (2) years thereafter, or the applicable tuition plan value increase,

whichever is less, for accounts with a utilization period end date of 2012

or later; or

(d) For a prepaid tuition account terminated after June 30 of the qualified

beneficiary's projected college entrance year and on or after June 27, 2019, the

value of the prepaid tuition account at the time of termination.

(3) All refunds paid shall be less any benefits previously paid from the plan and any

administrative fees as determined by the board. The office may impose a fee upon

termination of the account for administrative costs and deduct the fee from the

amount otherwise payable under this section.

(4) If a qualified beneficiary is awarded a scholarship that covers tuition costs included

in a prepaid tuition contract, the purchaser may request a refund consisting of the

amount of the value of the prepaid tuition account, not to exceed the amount of the

scholarship.

(5) If the purchaser wishes to transfer funds from the prepaid tuition account to the

Kentucky Educational Savings Plan Trust, the purchaser may do so under

administrative regulations promulgated by the board and the board of directors of

the Kentucky Educational Savings Plan Trust under KRS 164A.325. The transfer

amount shall be calculated in the same way a refund is determined in accordance

with this section.

(6) If the purchaser wishes to transfer funds from the prepaid tuition account to another

qualified tuition program as defined in 26 U.S.C. sec. 529(b)(1), the purchaser may

do so under administrative regulations promulgated by the board. The transfer

amount shall be calculated in the same way a refund is determined in accordance

with this section.

(7) The board may terminate a prepaid tuition contract at any time due to the fraud or

misrepresentation of a purchaser or qualified beneficiary with respect to the prepaid

tuition contract.

(8) All operations of the Commonwealth postsecondary education prepaid tuition trust

fund and the Tuition Account Program Office shall end on June 30, 2030. On or

before that date, any remaining prepaid tuition account funds that have not been

utilized, transferred to another qualified tuition program, or refunded upon the

request of the purchaser shall be refunded to the purchaser in accordance with

subsection (2) of this section.