NDAC 12.5-02-01-07
Rules applicable to contributions
Cite as N.D. Admin. Code ยง 12.5-02-01-07
The following rules apply to contributions:
1.
Eligibility to contribute. Any person or entity, whether or not the person or entity is a
participant, may contribute to an account established for any designated beneficiary. Any
contribution to an account shall be deemed to have been made by the participant for that
account.
2.
Cash contributions. All contributions to accounts shall be made only in cash. For these
purposes, "contributions in cash" means contributions in United States dollars made by check,
money order, or wire transfer of funds, in accordance with such procedures as may be
established by the Bank.
3.
Tax-free rollover contributions. Any person or entity making a contribution to an account
shall indicate on the appropriate form whether or not the contribution is a tax-free rollover from
a Coverdell education savings account, a qualified United States savings bond, or a qualified
tuition program. If the contribution is a tax-free rollover, the person or entity making a
contribution shall provide the Bank, or the manager on behalf of the Bank, appropriate
documentation showing the earnings portion of the contribution, so that the appropriate
amount of earnings may be reflected in the account to which the rollover contribution is made.
Until appropriate documentation is received, the entire amount of such contribution shall be
recorded as earnings in the account. For this purpose, appropriate documentation shall be:
a.
In the case of a rollover contribution from a Coverdell education savings account, an
account statement issued by the financial institution that acted as trustee or custodian of
the Coverdell education savings account that shows basis and earnings in the account;
b.
In the case of a rollover contribution from the redemption of a qualified United States
savings bond, an account statement or federal tax form issued by the financial institution
that redeemed the bond showing interest from the redemption of the bond; and
c.
In the case of a rollover contribution from a qualified tuition program, a statement issued
by the qualified tuition program making the distribution that shows the earnings portion of
the distribution.
4.
Maximum contribution amount limitation. No contribution to an account for a designated
beneficiary will be permitted if the total value of all accounts for the designated beneficiary
under the plan, or the amount of the contribution when added to the total value of all accounts
for the designated beneficiary under the plan, exceeds the maximum contribution amount. If
the total value of all accounts for the designated beneficiary later falls below the maximum
contribution amount, additional contributions to the account of the designated beneficiary will
be permitted.
Notwithstanding this maximum contribution amount rule, the participant is responsible for
projecting the designated beneficiary's qualified higher education expenses and, to avoid
income taxes and additional tax penalties on distributions, may need to limit contributions to
less than the maximum contribution amount.
5.
Minimum contribution amount. Contributions may be made whenever it is convenient,
provided that each contribution is made in accordance with the minimum contribution and
other requirements as set forth in the plan disclosure statement.
6.
Open enrollment. Participation in the plan may begin at any time after the plan start date.
7.
Crediting of contributions and investment of contributions. The manager shall credit
contributions to an account and invest contributions in units of the portfolios designated by the
participant generally as of the business day on which the contributions are received in good
order by the manager.
8.
Calculation of portfolio unit value for contributions. The portfolio unit value for the
portfolio in which contributions to an account are invested shall be the portfolio unit value the
day the contribution has been credited to that account.