Nebraska Administrative Code
Topic - TREASURER, STATE
Title 429 - NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST
Chapter 1 - RULES AND REGULATIONS FOR THE NEBRASKA EDUCATIONAL SAVINGS PLAN TRUST
Section 429-1-007 - Cancellation and Distribution of Refunds

Universal Citation: 429 NE Admin Rules and Regs ch 1 ยง 007

Current through September 17, 2024

007.1 Cancellation A Participant may at any time cancel a Participation Agreement, without cause, by submitting to the Trustee a notice to terminate agreement.

007.2 Distribution of Refund If the Participation Agreement is canceled, the Participant is entitled to a refund. The refund shall be mailed or otherwise sent to the Participant within ninety days after receipt by the Trust of the notice to terminate agreement. The amount of the refund shall be the principal amount of all Contributions (less any applicable fees or expenses) made by the Participant plus the actual Program fund investment income earned on the Contributions, less any losses incurred on the investment, but not Endowment Fund monies.

007.3 Death or Disability of the Beneficiary, Receipt of a Scholarship In the event of cancellation of a Participation Agreement for any of the reasons set forth in this subsection, the Participant is entitled to receive the principal amount of all Contributions (less all applicable fees and expenses) made by the Participant under the Participation Agreement plus the actual Program Fund income earned on the Contributions, less any losses incurred on the investment, but no Endowment Fund monies. Said refund shall be available upon the occurrence of, 1) death of the Beneficiary, 2) disability of the Beneficiary within the meaning of section 72(m)(7) of the Code, or 3) receipt of a scholarship, allowance, or payment described in section 25A(g)(2) of the Code by the designated Beneficiary to the extent the amount of the cancellation refund does not exceed the amount of the scholarship, allowance, or payment.

007.4 Documentation for Certain Distributions

007.4.1 Before a Distribution is made due to the death of a Beneficiary, the Participant must provide the Trustee a copy of the Beneficiary's death certificate or other proof of death acceptable under Nebraska law.

007.4.2 Before a Distribution is made due to the disability of a Beneficiary, the Participant must provide the Trustee with such proof of disability as may be required by the Code.

007.4.3 Before a Distribution is made due to the receipt of a scholarship, allowance or payment, as described in Section 007.3, above, the Participant must provide the Trustee written proof of the receipt by the Beneficiary of such scholarship, allowance or payment, including the amount thereof.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.