164A.705 Obligations of fund and of purchaser or qualified beneficiary -- Limitation of liability -- Use of tuition account

164A.705 Obligations of fund and of purchaser or qualified beneficiary --

Limitation of liability -- Use of tuition account.

(1) The prepaid tuition contract entered into by the purchaser and the board shall

constitute an irrevocable pledge and guarantee by the fund to pay for the tuition of a

qualified beneficiary upon acceptance and enrollment at an eligible educational

institution in accordance with the tuition plan purchased.

(2) A board member or any employee of the Tuition Account Program Office or the

Kentucky Higher Education Assistance Authority shall not be subject to any

personal liability by reason of his or her issuance or execution of a prepaid tuition

contract under KRS 164A.700 to 164A.709.

(3) Under a tuition plan for private colleges and universities, tuition shall be paid based

on the same percentage that University of Kentucky tuition is increased from the

year the prepaid tuition contract is purchased to the year of payment.

(4) The purchaser or qualified beneficiary shall pay to the eligible educational

institution the amount of any prepaid tuition academic year conversion shortfall and

the amount of any prepaid tuition conversion shortfall.

(5) A qualified beneficiary attending an eligible educational institution may apply the

value of a prepaid tuition account to a specific academic year at the maximum

course load or maximum number of credit hours generally permitted to full-time

undergraduates at that institution.

(6) The value of a prepaid tuition account remaining after tuition is paid may be used

for other qualified educational expenses under administrative regulations

promulgated by the board in compliance with 26 U.S.C. sec. 529. The board may

permit the use of the value of a prepaid tuition account for part-time undergraduate

enrollment or graduate programs at eligible educational institutions.

(7) During an account's utilization period, the value of the prepaid tuition account shall

increase consistent with tuition rates for the applicable tuition plan and academic

year. If all tuition benefits have not been used at the conclusion of this period, no

additional value shall be added to the prepaid tuition account, except that, for an

account with a utilization period defined in KRS 164A.700(18)(a), the account

value shall increase at a rate of three percent (3%) per annum or the applicable

tuition plan value increase, whichever is less, for a period not to exceed two (2)

additional years.

(8) If a qualified beneficiary attends an eligible educational institution for which

payment of tuition is not guaranteed by the fund in whole or in part, and if the cost

of tuition exceeds the value of a prepaid tuition account, the fund shall have no

responsibility to pay the difference. If the value of a prepaid tuition account exceeds

the cost of tuition, the excess may be used for other qualified postsecondary

education expenses as directed by the purchaser.

(9) The value of a prepaid tuition account shall not be used in calculating personal asset

contribution for determining eligibility and need for student loan programs, student

grant programs, or other student aid programs administered by any agency of the

Commonwealth, except as otherwise may be provided by federal law.