§ 6-84-103 — Definitions

As used in this chapter: (1) "Account" means an account established in accordance with this chapter; (2) "Account owner" means the person who, under this chapter or the rules promulgated by the Section 529 Plan Review Committee, is entitled to select or change the designated beneficiary of an account, to designate any person other than the designated beneficiary to whom funds may be paid from the account, or to receive distributions from the account if no other person is designated; (3) "Act" means the Arkansas Brighter Future Fund Plan Act, § 6-84-101 et seq.; (4) (A) "Arkansas Brighter Future Fund Plan Trust" or "trust" means the trust created under § 6-84-104 . (B) Participation in the trust shall be open to Arkansas residents and nonresidents alike; (5) "Committee" means the Section 529 Plan Review Committee, provided for in § 6-84-105 , which shall oversee the administration of the Arkansas Brighter Future Fund Plan and ensure that the plan complies with the provisions of this chapter and acts in accordance with 26 U.S.C. § 529 , as in effect on January 1, 2020; (6) "Contribution" means: (A) Any payment directly allocated to an account for the benefit of a designated beneficiary or used to pay administrative fees associated with an account; and (B) That portion of any rollover amount treated as a contribution under 26 U.S.C. § 529 , as in effect on January 1, 2020; (7) "Contributor" means any person making a contribution to an account; (8) "Designated beneficiary" means, except as provided in § 6-84-108 , the individual designated at the time the account is opened as having the right to receive a qualified withdrawal for the payment of qualified higher education expenses or, if the designated beneficiary is replaced in accordance with § 6-84-108 , the replacement; (9) "Higher education institution" means an eligible education institution as defined in 26 U.S.C. § 135(c)(3) , as in effect on January 1, 2018; (10) "Member of the family" shall have the same meaning as is contained in 26 U.S.C. § 529 , as in effect on January 1, 2020; (11) "Nonqualified withdrawal" means a withdrawal from an account that is not: (A) A qualified withdrawal; (B) A withdrawal made as the result of the death or disability of the designated beneficiary; (C) A withdrawal made as the result of a scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C) , as in effect on January 1, 2018, received by the designated beneficiary but only to the extent of the amount of the scholarship, allowance, or payment; or (D) A rollover or change in the designated beneficiary; (12) "Person" means a person as defined in 26 U.S.C. § 529 , as in effect on January 1, 2020; (13) "Plan" means the Arkansas Brighter Future Fund Plan established by this chapter; (14) "Qualified higher education expenses" means tuition and other permitted expenses as set forth in 26 U.S.C. § 529 , as in effect on January 1, 2020, for the enrollment or attendance of a designated beneficiary; (15) "Qualified tuition program" means a qualified tuition program as defined in 26 U.S.C. § 529 , as in effect on January 1, 2020; (16) "Qualified withdrawal" means a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary but only if the withdrawal is made in accordance with the requirements of the plan; and (17) "Rollover" means a disbursement or transfer from an account that is transferred to or deposited within sixty (60) calendar days of the transfer: (A) Into an account of the same person for the benefit of the same designated beneficiary; (B) To the credit of another person as a designated beneficiary if the transferee account was created under this chapter or under another qualified tuition program maintained in accordance with 26 U.S.C. § 529 , as in effect on January 1, 2020; or (C) (i) Before January 1, 2026, into an ABLE account under 26 U.S.C. § 529A(e)(6) , as in effect on January 1, 2020, of the designated beneficiary or a member of the family of the designated beneficiary. (ii) Subdivision (17)(C)(i) of this section does not apply to so much of a distribution which, when added to all other contributions made to the ABLE account for the taxable year, exceeds the limitation under 26 U.S.C. § 529A(b)(2)(B)(i) , as in effect on January 1, 2020.

Legislative History

Amended by Act 2021, No. 966,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 966,§ 3, eff. 7/28/2021. Amended by Act 2018EX2, No. 15,§ 1, eff. for tax years beginning on or after 1/1/2018. Amended by Act 2018EX2, No. 8,§ 1, eff. 1/1/2018. Amended by Act 2017, No. 884,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 884,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 884,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 884,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 155,§ 1, eff. for tax years beginning on and after 1/1/2015. Amended by Act 2015, No. 580,§ 5, eff. for tax years beginning on or after January 1, 2014. Amended by Act 2015, No. 580,§ 4, eff. for tax years beginning on or after January 1, 2014. Amended by Act 2015, No. 580,§ 3, eff. for tax years beginning on or after January 1, 2014. Amended by Act 2015, No. 580,§ 2, eff. for tax years beginning on or after January 1, 2014. Acts 1999, No. 996, § 3; 2003, No. 515, § 1; 2007, No. 218, § 2; 2011, No. 787, § 2.