1700-05-04-.06
Withdrawals
Cite as Tenn. Comp. R. & Regs. 1700-05-04-.06
(1)
Eligibility. The Account Owner may request a Withdrawal from the Account as long as the
contributions that will be withdrawn have been on deposit in the Account for at least twenty-
one (21) calendar days. If the Account Owner desires the Board to send payment directly to
the Eligible Educational Institution where the Beneficiary is enrolled, the notification must
include the name and address of the Institution and the amount of funds needed to pay the
Qualified Higher Education Expenses. Failure to provide sufficient notice prior to the start of
the Academic Term in which the funds would be used may result in an untimely payment
being made to the Institution.
(2)
Written Request. Any Withdrawal requests must be made in writing by the Account Owner or
via other means acceptable to the Board, including electronic means.
(3)
Amount and Timing of Withdrawal. Subject to Rules 1700-05-04-.06(4) and 1700-05-04-.09
below, the Withdrawal amount will equal the amount requested, not to exceed the
Redemption Value of the Beneficiary’s Account at the time the Withdrawal is processed. The
Withdrawal amount will be paid within sixty (60) calendar days of receipt by the Board of a
complete, accurate and legible request.
(4)
Types of Withdrawals.
EDUCATIONAL INVESTMENT PLAN
CHAPTER 1700-05-04
(a)
Withdrawals for Qualified Higher Education Expenses. The Account Owner may direct
a Withdrawal from the Account to the Account Owner, the Beneficiary, or an Eligible
Educational Institution as an advance payment or as reimbursement for Qualified
Higher Education Expenses. Third party documentation to substantiate the request
shall not be required unless otherwise provided for in Section 529 of the Internal
Revenue Code or the regulations promulgated thereunder.
(b)
Withdrawals for Non-Qualified Higher Education Expenses. The Account Owner may
direct a Withdrawal from the Account for the payment of non-Qualified Higher
Education Expenses. Such a Withdrawal may be made without causing termination of
the Contract and without requiring the Refund Recipient to establish that the
Withdrawal will be used for Qualified Higher Education Expenses. The earnings portion
of Withdrawals made for non-Qualified Higher Education Expenses could be subject to
federal taxation as prescribed under the sections of the Internal Revenue Code and the
regulations promulgated thereunder which are applicable to the Program.
(c)
Scholarship Refund. If a Beneficiary is the recipient of a scholarship, allowance or
payment described in Section 25A(g)(2) of the Internal Revenue Code that the Board
determines cannot be converted into money by the Beneficiary, the Account Owner
may request a Withdrawal of all or a portion of the funds in the Account. The Account
Owner must furnish information about the scholarship, allowance or payment to the
Board. If the scholarship, allowance or payment has a duration that extends beyond
one (1) Academic Term, the Account Owner may request a refund in advance of the
scholarship payment. The amount of the refund payable to the Account Owner will be
equal to the Redemption Value of the Beneficiary’s Account that is not needed to cover
the future Qualified Higher Education Expenses on account of the scholarship,
allowance or payment minus any applicable fee(s) charged by the Board.
(d)
Contract Termination and Refund. Except as provided in Paragraph (4)(c) of this Rule
above, a Contract may not be terminated for any reason except under one of the
following circumstances: (i) the Beneficiary has died or suffers from a Permanent
Disability; (ii) the Beneficiary is age eighteen (18) or older and has decided not to
attend an Eligible Educational Institution; (iii) the Beneficiary has completed the
requirements for a degree that is less than a bachelor’s degree at an Eligible
Educational Institution and the Beneficiary does not plan to pursue further education; or
(iv) the Beneficiary has completed the bachelor’s degree requirements at an Eligible
Educational Institution. The Contract termination request must be accompanied with
documentation acceptable to the Board to substantiate the reason for Contract
termination. In the event a Contract is terminated due to the Permanent Disability or
death of the Beneficiary, the amount of the refund paid to the Account Owner shall be
equal to the Redemption Value of the Account at the time the refund is made. In the
event a Contract is terminated under any of the conditions described in items (ii)–(iv)
above, the amount of the refund paid to the Refund Recipient shall be equal to the
Redemption Value of the Account at the time the refund is made, minus any applicable
fee charged by the Board. The Actual termination of the Contract will not occur until all
funds in the Beneficiary’s Account have been refunded.
(e)
Rollovers Out of the Program. The Account Owner may rollover all or a portion of the
funds in the Beneficiary’s Account to an Account established for the same Beneficiary
or another Beneficiary under another qualified tuition program established under
Section 529 or Section 529(A) of the Internal Revenue Code and the regulations
promulgated thereunder by making a rollover request to the Board in such manner as
may be prescribed by the Board. If the rollover is for the benefit of another Beneficiary,
the Beneficiary to whose Account the funds are being transferred must be a “Member
of the Family” of the original Beneficiary, as such term is defined in Rule 1700-05-04-
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CHAPTER 1700-05-04
.01(2). Any rollover under this Rule shall be administered in accordance with the
applicable rollover provisions of the Internal Revenue Code. Any rollover made under
this Paragraph shall be equal to the amount requested, not to exceed the Redemption
Value of the Beneficiary’s Account, minus any applicable fees charged by the Board
pursuant to Rule 1700-05-04-.03(6) above. The Redemption Value of the Account shall
be determined as of the date the rollover is made.