Section 12D.6. Repayment and ownership of payments and investment income — transfer of ownership rights.

  1.  a.  A participant retains ownership of all payments made under a participation agreement up to the date of utilization for payment of higher education costs for the beneficiary.

  b.  All income derived from the investment of the payments made by the participant shall be considered to be held in trust for the benefit of the beneficiary.

  2.  In the event the program is terminated prior to payment of higher education costs for the beneficiary, the participant is entitled to a refund of the participant’s account balance.

  3.  The institution of higher education shall obtain ownership of the payments made for the higher education costs paid to the institution at the time each payment is made to the institution.

  4.  Any amounts which may be paid to any person or persons pursuant to the Iowa educational savings plan trust but which are not listed in this section are owned by the trust.

  5.  A participant may transfer ownership rights to another eligible individual, including a gift of the ownership rights to a minor beneficiary. The transfer shall be made and the property distributed in accordance with rules adopted by the treasurer of state or with the terms of the participation agreement.

  6.  A participant shall not be entitled to utilize any interest in the trust as security for a loan.

98 Acts, ch 1172, §6

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99 Acts, ch 96, §2

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99 Acts, ch 114, §2

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99 Acts, ch 122, §8, 10

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2004 Acts, ch 1079, §11, 12, 17