The department may promulgate rules imposing or increasing penalties for refunds under sub. (7) (a)
if the department determines that such rules are necessary to maintain the status of the program under this section as a qualified state tuition program under section 529
of the Internal Revenue Code, as defined in s. 71.01 (6)
(8) Exemption from garnishment, attachment and execution.
Moneys deposited in the tuition trust fund and a beneficiary's right to the payment of tuition, fees and the costs described in sub. (5) (a)
under this section are not subject to garnishment, attachment, execution or any other process of law.
(9) Contract with actuary.
The department shall contract with an actuary or actuarial firm to evaluate annually whether the assets in the tuition trust fund are sufficient to meet the obligations of the department under this section and to advise the department on setting the price of a tuition unit under sub. (2) (b)
Annually, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3)
, on the program under this section. The report shall include any recommendations for changes to the program that the department determines are necessary to ensure the sufficiency of the tuition trust fund to meet the department's obligations under this section.
The department shall submit a quarterly report to the state investment board projecting the future cash flow needs of the tuition trust fund. The state investment board shall invest moneys held in the tuition trust fund in investments with maturities and liquidity that are appropriate for the needs of the fund as reported by the department in its quarterly reports. All income derived from such investments shall be credited to the fund.
Nothing in this section guarantees an individual's admission to, retention by or graduation from any institution of higher education.
The requirements to pay tuition, fees and the costs of room and board, books, supplies and equipment under sub. (5)
and to make refunds under sub. (7)
are subject to the availability of sufficient assets in the tuition trust fund.
(11m) Financial aid calculations.
The value of tuition units shall not be included in the calculation of a beneficiary's eligibility for state financial aid for higher education if the beneficiary notifies the higher educational aids board and the institution of higher education that the beneficiary is planning to attend that he or she is a beneficiary of a contract under this section and the contract owner agrees to release to the higher educational aids board and the institution of higher education information necessary for the calculation under this subsection.
The department shall do all of the following:
Annually publish a list of the institutions of higher education located in this state and the number of tuition units necessary to pay for one year of full-time attendance as a resident undergraduate at each institution.
Promulgate rules to implement and administer this section.
The department may do any of the following:
Contract with any person for the management and operation of the program or any part of the program under this section.
Keep personal and financial information pertaining to a purchaser of tuition units or a beneficiary of tuition units closed to the public.
(13) Program termination.
If the department determines that the program under this section is financially infeasible, the department shall discontinue entering into contracts under sub. (3)
and discontinue selling tuition units under sub. (4)
History: 1995 a. 403
; 1997 a. 27
; 1999 a. 9
; Stats. 1999 s. 14.63; 1999 a. 44
; 2001 a. 7
; 2011 a. 32
; Stats. 2011 s. 16.64.
College savings program. 16.641(1)(a)
"Account owner" means a person who establishes a college savings account under this section.
"Board" means the college savings program board.
(2) Duties of the board.
The board shall do all of the following:
Except as provided in s. 16.255
, establish and administer a college savings program that allows an individual, trust, legal guardian, or entity described under 26 USC 529
(e) (1) (C) to establish a college savings account to cover tuition, fees, and the costs of room and board, books, supplies, and equipment required for the enrollment or attendance of a beneficiary at an eligible educational institution, as defined under 26 USC 529
Ensure that the college savings program meets the requirements of a qualified state tuition plan under 26 USC 529
Establish investment guidelines for contributions to college savings accounts and pay distributions to beneficiaries and eligible educational institutions.
Provide to each account owner, and to persons who are interested in establishing a college savings account, information about current and estimated future higher education costs, levels of participation in the college savings program that will help achieve educational funding objectives and availability of and access to financial aid.
Promulgate rules to implement and administer this section, including rules that determine whether a withdrawal from a college savings account is a qualified or nonqualified withdrawal, as defined under 26 USC 529
, and that impose more than a de minimis penalty, as defined under 26 USC 529
, for nonqualified withdrawals.
Seek rulings and guidance from the U.S. department of the treasury, the internal revenue service and the securities and exchange commission to ensure the proper implementation and administration of the college savings program.
Ensure that if the department changes vendors, the balances of college savings accounts are promptly transferred into investment instruments as similar to the original investment instruments as possible.
Keep personal and financial information pertaining to an account owner or a beneficiary closed to the public, except that the board may release to the appropriate state agency information necessary in determining a beneficiary's eligibility for state financial aid for higher education.
(3) Account owners; beneficiaries; contributions; termination of savings accounts. 16.641(3)(a)(a)
An account owner may do all of the following:
Contribute to a college savings account or authorize a parent, grandparent, great-grandparent, aunt, or uncle of the beneficiary to contribute to the account.
Change the beneficiary of a college savings account to a family member, as defined under 26 USC 529
, of the previous beneficiary.
Transfer all or a portion of a college savings account to another college savings account whose beneficiary is a member of the family.
Designate a person other than the beneficiary as a person to whom funds may be paid from a college savings account.
Receive distributions from a college savings account if no other person is designated.
An individual may be the beneficiary of more than one college savings account, and an account owner may be the beneficiary of a college savings account that the account owner has established.
The board shall establish a minimum initial contribution to a college savings account that may be waived if the account owner agrees to contribute to a college savings account through a payroll deduction or automatic deposit plan. The board shall ensure that any such plan permits the adjustment of scheduled deposits because of a change in the account owner's economic circumstances or a beneficiary's educational plans.
An account owner under this section may terminate his or her college savings account if any of the following occurs:
The beneficiary graduates from high school but is unable to gain admission to an institution of higher education after a good faith effort.
The beneficiary attended an institution of higher education but involuntarily failed to complete the program in which he or she was enrolled.
The beneficiary is at least 18 years old and one of the following applies:
The beneficiary has decided not to attend an institution of higher education.
The beneficiary attended an institution of higher education but voluntarily withdrew without completing the program in which he or she was enrolled.
Other circumstances determined by the board to be grounds for termination.
The board may terminate a college savings account if any portion of the college savings account balance remains unused 10 years after the anticipated academic year of the beneficiary's initial enrollment in an eligible educational institution.
(4) Contracts with professionals.
The board may enter into a contract for the services of accountants, attorneys, consultants and other professionals to assist in the administration and evaluation of the college savings program.
Annually, the board shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3)
, on the performance of the college savings program, including any recommended changes to the program.
Nothing in this section guarantees an individual's admission to, retention by or graduation from any institution of higher education; a rate of interest or return on a college savings account; or the payment of principal, interest or return on a college savings account.
(7) Exemption from garnishment, attachment and execution; security for loan. 16.641(7)(a)(a)
A beneficiary's right to qualified withdrawals under this section is not subject to garnishment, attachment, execution or other process of law.
No interest in a college savings account may be pledged as security for a loan.
(8) Financial aid calculations.
The balance of a college savings account shall not be included in the calculation of a beneficiary's eligibility for state financial aid for higher education if the beneficiary notifies the higher educational aids board and the eligible educational institution that the beneficiary is planning to attend that he or she is a beneficiary of a college savings account and if the account owner agrees to release to the higher educational aids board and the eligible educational institution information necessary for the calculation under this subsection.
History: 1999 a. 44
; 2001 a. 7
; 2011 a. 32
; Stats. 2011 s. 16.641.
See also ch. Adm 81
, Wis. adm. code.
Repayment to the general fund. 16.642(1)
The secretary shall transfer from the tuition trust fund, the college savings program trust fund, the college savings program bank deposit trust fund, or the college savings program credit union deposit trust fund to the general fund an amount equal to the amount expended from the appropriations under s. 20.505 (9) (a)
, 1995 stats., s. 20.585 (2) (a)
, 2001 stats., and s. 20.585 (2) (am)
, 2001 stats., when the secretary determines that funds in those trust funds are sufficient to make the transfer. The secretary may make the transfer in installments.
Annually, by June 1, the secretary shall submit a report to the joint committee on finance on the amount available for repayment under sub. (1)
, the amount repaid under sub. (1)
, and the outstanding balance under sub. (1)
History: 2001 a. 16
; 2003 a. 33
; 2005 a. 478
; 2011 a. 32
; Stats. 2011 s. 16.642.
"Affiliate" means a person, as defined in s. 77.51 (10)
, that controls, is controlled by, or is under common control with another person, as defined in s. 77.51 (10)
"Agency" means an office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.
Sub. (2) is shown as affected by 2011 Wis. Acts 10
and as merged by the legislative reference bureau under s. 13.92 (2) (i).
"Computer services" means any services in which a computer is utilized other than for personal computing purposes.
"Contractual services" includes all services, materials to be furnished by a service provider in connection with services, and any limited trades work involving less than $30,000 to be done for or furnished to the state or any agency.
"Control" means to own, directly or indirectly, more than 10% of the interest in or voting securities of a business.
"Cost-benefit analysis" means a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by state employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract for contractual services.
"Executive branch agency" means an agency in the executive branch but does not include the building commission.
"Judicial branch agency" means an agency created under ch. 757
or an agency created by order of the supreme court.
"Legislative service agency" means an agency created under ch. 13
which is authorized, or the head of which is authorized, to appoint subordinate staff, except the building commission.
"Limited trades work" means the repair or replacement of existing equipment or building components with equipment or components of the same kind, if the work is not dependent upon the design services of an architect or engineer, and does not alter or affect the performance of any building system, structure, exterior walls, roof or exits, or the fire protection or sanitation of the building. "Limited trades work" includes decorative and surface material changes within a building and minor preventive maintenance to ancillary facilities such as drives, sidewalks and fences.
"Municipality" means a county, city, village, town, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts.
"Officer" includes the person or persons at the head of each agency, by whatever title the person or persons may be elsewhere designated.
"Permanent personal property" means any and all property which in the opinion of the secretary will have a life of more than 2 years.
"Personal computing" means utilizing a computer that is located at the work station where the input or output of data is conducted.
"Recovered material" means a product which is recovered from solid waste in a form identical to the original form for a use that is the same as or similar to the original use.
"Recyclable material" means material in waste for which there exists a commercially demonstrated processing or manufacturing technology which uses the material as a raw material.