Georgia § 20-3-632 - Definitions.

§ 20-3-632. Definitions.

As used in this article, the term: "Account contributor" means a resident or nonresident person, corporation, trust, charitable organization, or other entity which contributes to or invests money in a savings trust account under the program on behalf of a beneficiary. For resident or nonresident persons, the account contributor may also be the designated beneficiary of the account. "Account owner" means a resident or nonresident person, corporation, trust, charitable organization, or other entity that establishes a savings trust account under the program on behalf of a beneficiary. For resident or nonresident persons, the account owner may also be the designated beneficiary of the account. "Beneficiary" means a resident or nonresident beneficiary of a savings trust agreement who meets the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law and any regulations established by the board. "Board" means the Board of Directors of the Georgia Higher Education Savings Plan. Reserved. "Financial organization" means an organization which is: A fiduciary authorized to act as a trustee pursuant to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended, or an insurance company or affiliate; and Licensed or chartered by the Department of Insurance; Licensed or chartered by the Department of Banking and Finance; Chartered by an agency of the federal government; Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission; Any other entity otherwise authorized to act in this state as a trustee pursuant to the provisions of the federal Employee Retirement Income Security Act of 1974, as amended; or Any investment adviser registered with the federal Securities and Exchange Commission pursuant to the Investment Advisers Act of 1940. "Institution of higher education" means an eligible educational institution as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. "Internal Revenue Code" or "Internal Revenue Code of 1986" has the meaning provided by Code Section 48-1-2. "Plan" means the Georgia Higher Education Savings Plan established under this article. "Program" means a program of savings trust agreements and savings trust accounts provided by the plan under Section 529 of the Internal Revenue Code or other applicable federal law. "Qualified higher education expense" means any higher education expense as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. "Qualified withdrawal" means a withdrawal by an account owner for qualified higher education expenses of the beneficiary or as otherwise permitted under Section 529 of the Internal Revenue Code of 1986 without a penalty or the imposition of taxes on the withdrawal. "Savings trust account" means an account established by an account owner pursuant to this article on behalf of a beneficiary in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law. "Savings trust agreement" means the agreement entered into between the board and the account owner establishing a savings trust account. "Trust fund" means the Georgia Higher Education Savings Plan Trust Fund. "Unqualified withdrawal" means a withdrawal by an account owner that is not: A qualified withdrawal; A withdrawal by reason of the death or disability of the beneficiary; A withdrawal made in connection with the receipt by the beneficiary of a scholarship; or A distribution to another qualified state tuition program. (Code 1981, § 20-3-632 , enacted by Ga. L. 2001, p. 76, § 1; Ga. L. 2002, p. 372, § 8; Ga. L. 2008, p. 159, § 2/HB 1014; Ga. L. 2010, p. 863, § 5/SB 296; Ga. L. 2019, p. 337, § 1-97/SB 132.) The 2019 amendment, effective July 1, 2019, substituted "Department of Insurance" for "Insurance Department" in division (6)(B)(i), and substituted "federal Securities" for "United States Securities" in division (6)(B)(vi). Code Commission notes. - Pursuant to Code Section 28-9-5, in 2001, "adviser" was substituted for "advisor" in division (5)(B)(vi) (now (6)(B)(vi)). Editor's notes. - Ga. L. 2002, p. 372, § 15(b), not codified by the General Assembly, provides that this Act shall be applicable to all taxable years beginning on or after January 1, 2002. U.S. Code. - The Internal Revenue Code, referred to throughout this Code section, is codified at Title 26 of the United States Code. The federal Employee Retirement Income Security Act of 1974, referred to in subparagraph (6)(A) and division (6)(B)(v), is codified, principally, as 29 U.S.C. § 1001 et seq.