OAR Chapter 173 — Oregon 529 Savings Board

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Division 1 NOTICE OF PROPOSED RULEMAKING AND MODEL RULES OF PROCEDURE

Or. Admin. R. 173-001-0000 Notice Rule for Rulemaking

Before adopting, amending or repealing any permanent rule, the Board will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(2) By mailing a copy of the notice to persons on the Board's mailing list established pursuant to ORS 183.335(7) at least 28 days before the effective date of the rule;

(3) By mailing a copy of the notice to the legislators specified in ORS 183.335(14) at least 49 days before the effective date of the rule; and

(4) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) The Financial Planning Association; Oregon Bankers Association; Estate Planning Section, Oregon State Bar; Oregon University System; and

(c) Capitol Press Room.

History

  • Statutory/Other Authority: ORS 183.341
  • Statutes/Other Implemented: ORS 183.341 & 348.841 - 348.873
  • QTSB 2-2000, f. & cert. ef. 10-25-00
Or. Admin. R. 173-001-0005 Model Rules of Procedure

The Model Rules of Procedure under the Administrative Procedure Act, as promulgated by the Attorney General of the State of Oregon, effective January 1, 2008, are adopted as the rules of procedure for administrative rulemaking and other administrative law functions of the board.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Oregon Qualified Tuition Savings Board.]

History

  • Statutory/Other Authority: ORS 183.341
  • Statutes/Other Implemented: ORS 183.341 & SB 756 (1999)
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 1-2000, f. 8-14-00, cert. ef. 8-15-00
Or. Admin. R. 173-001-0010 ADR Related Model Rules

The Attorney General's ADR Related Model Rules, effective January 1, 2008, as set forth in OAR 137, divisions 1 through 5, are adopted by the Board as its rules for collaborative dispute resolution.

History

  • Statutory/Other Authority: ORS 183.502(3)
  • Statutes/Other Implemented: ORS 183.502(3) & SB 756 (1999) (348.841 - 348.873)
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2000, f. & cert. ef. 10-25-00
Or. Admin. R. 173-001-0015 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the "mediator" in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency's employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters; or

(c) Mediation in which the only parties are public bodies; or

(d) Mediation involving two or more public bodies and a private party if the laws, rules or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties' agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an "agreement to mediate."

Agreement to Participate in a Confidential Mediation

The Agency and the parties to the mediation agree to participate in a mediation in which the mediation communications are confidential and/or nondiscoverable and inadmissible to the extent authorized by OAR 173-001-0015(8) and this agreement. This agreement relates to the following mediation:

(a) ____________________________________________________

(Identify the mediation to which this agreement applies)

(b) To the extent authorized by OAR 173-001-0015(8), mediation communications in this mediation are: (check one or more)

___ Confidential and may not be disclosed to any other person

___ Not admissible in any subsequent administrative proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative proceeding

___ Not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative, judicial or arbitration proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative, judicial or arbitration proceeding

(c) OREGON 529 COLLEGE SAVINGS BOARD (Agency)

By: ______________________________ Date: _____________________

Signature of Agency's authorized representative (when agency

is a party) or Agency employee acting as the mediator (when

Agency is mediating the dispute)

(d) ____________________________________________

Name of party to the mediation

Signature of party's authorized representative Date

(e) ________________________________________

Name of party to the mediation

Signature of party's authorized representative Date

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party's communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation,; or

(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712; or

(D) A strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Board determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public's health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 30.402 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

[ED. NOTE: Forms referenced are available from the agency.]

History

  • Statutory/Other Authority: ORS 36.224
  • Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • OTSB 2-2001, f. 8-9-01, cert. ef. 8-10-01
Or. Admin. R. 173-001-0020 Policies and Procedures of the Office of the Treasurer

The policies and procedures of the Office of the State Treasurer in regard to personal services contracting and purchasing goods and services, to the extent not inconsistent with the Act or OAR chapter 173, are adopted as the policies and procedures of the board.

History

  • Statutory/Other Authority: ORS 36.224
  • Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10

Division 5 ADMINISTRATION

Or. Admin. R. 173-005-0000 Definitions

All terms used in OAR chapter 173 are as defined in the Act. In addition, as used in OAR chapter 173, unless the context indicates otherwise:

(1) “College Savings Plan” means a qualified 529 plan as defined by the Code and ORS 178.300

(2) “ABLE Plan” means a qualified 529a plan as defined by the Code and ORS 178.300

(3) “Network Plans” means all qualified 529 and 529a plans administered by the Oregon 529 Savings Board.

(1) "Act" means ORS 178.300 to 178.380, as amended from time to time.

(2) "Business day" means any weekday on which the New York Stock Exchange (NYSE) is open.

(3) "Participation agreement" means the agreement setting forth the terms and conditions governing an account and participation in the applicable plan.

(4) “Code” means sections 529 and 529a of the Internal Revenue Code and any other sections, regulations, rulings, announcements or other guidance issued under the Internal Revenue Code.

(5) “Executive Director” means the Executive Director of the Oregon 529 Savings Network.

(6) "Person" means a "person" as defined in Section 7701(a)1 of the Code, including an individual, trust, estate, partnership, association, company or corporation, and in addition, the State of Oregon or a State of Oregon local government or an agency or instrumentality of either.

(7) "Plan" means a College Savings Plan or an ABLE Plan that is established by the board under the Oregon 529 Savings Network, pursuant to its authority under the Act.

(8) “In writing”, “written requests”, “written instructions” or similar terms used to refer to communications regarding an account include emails or transactions conducted online or electronically as permitted by the board.

(9) "Plan manager" means a third party entity serving as the administrator, marketing agent and/or investment manager of a plan. References in OAR chapter 173 to "plan manager" mean the plan manager of the plan under which an account was opened.

(10) "UGMA/UTMA" means the Uniform Gifts to Minors Act, the Uniform Transfer to Minors Act or a substantially similar act of Oregon or another state, as applicable.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-005-0005 Executive Director

The Executive Director is responsible for the day to day operations of the network and for carrying out such duties and responsibilities as assigned by the board.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.853(2)
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10

Division 6 ELIGIBILITY

Or. Admin. R. 173-006-0000 Account Owner

Any person, including a custodian under UGMA/UTMA, who is legally able to contract under applicable state law and who meets federal and state legal requirements governing the network, is eligible to establish an account.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841 & 348.873
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • Reverted to QTSB 1-2001, f. & cert. ef. 1-2-01
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-006-0005 Designated Beneficiary

(1) For a College Savings Plan, there are no restrictions on the age of a designated beneficiary nor any required relationship between the account owner and the designated beneficiary of an account.

(2) For an ABLE Plan the beneficiary and the account owner must be the same person or how designated beneficiaries are defined by the Code.

(3) For a College Savings Plan, there is no limit on the number of accounts that may be opened for one designated beneficiary by different account owners.

(4) For an ABLE Plan only one account can be opened for each beneficiary or as defined by the Code.

(5) For a College Savings Plan, an account owner may also be the designated beneficiary of an account.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.857(4)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • CSB 2-2013, f. & cert. ef. 12-19-13
  • CSB 1-2013(Temp), f. 6-12-13, cert. ef. 7-1-13 thru 12-28-13
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01

Division 7 CHANGE IN ACCOUNT OWNERSHIP OR DESIGNATED BENEFICIARY

Or. Admin. R. 173-007-0000 Change of Account Ownership

(1) For all Network Plans, an account owner may designate a successor account owner if allowed by a plan and must follow procedures required by the appropriate plan.

(2) For all Network Plans, if a change in the ownership of an account is required by a court order, by a court of competent jurisdiction directing such change of ownership or by an affidavit or declaration that meets the requirements of the appropriate plan for transfer of ownership upon death without a court order, such change of account ownership shall not be effective until the appropriate plan receives the court order or affidavit or declaration requiring such change, and the change of account ownership is registered in the records of the appropriate plan, unless otherwise required by law.

(3) For all Network Plans, ,an account owner may change ownership of the account to another eligible person by executing such forms or following such procedures as required by the appropriate plan.

(4) For all Network Plans, an account owner who is a custodian under UGMA/UTMA may only transfer ownership of the account in accordance with the requirements, if any, of UGMA/UTMA and the plan under which the account was opened.

(5) For all Network Plans, the ownership of an account whose account owner is a custodian under UGMA/UTMA shall be transferred to the designated beneficiary or the designated beneficiary's estate, as required by UGMA/UTMA, upon submission by the custodian and/or designated beneficiary of any documentation required by the board.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-007-0005 Change of Designated Beneficiary

For all Network Plans, an account owner (other than an account owner who is a custodian under UGMA/UTMA) may change the designated beneficiary of the account as permitted under the Code and OAR chapter 173. A change of designated beneficiary shall not be effective until the appropriate plan receives a written request containing the information required by the appropriate plan and such change is registered in the records of the appropriate plan.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.867(1) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01

Division 8 OPENING AN ACCOUNT; APPLICATION; PARTICIPATION AGREEMENT; GENERAL ADMINISTRATION

Or. Admin. R. 173-008-0000 Opening an Account

(1) For all Network Plans, to open an account, an applicant must complete the appropriate plan application, and designate a contribution method as required by the appropriate plan.

(2) For all Network Plans, an applicant must select from the investment options offered by a plan. After an account has been opened, the account owner may change the investment options selected for the account as permitted by the Code.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.857(1), 348.860(1) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-008-0005 Refusal to Open an Account

For all Network Plans, the Board may refuse to open an account for reasons that may include but are not limited to the following:

(1) The applicant is not an eligible account owner.

(2) The applicant has not provided all of the information required by the application.

(3) The applicant is attempting to open an account for a designated beneficiary that is not qualified under the Code or the Act.

(4) For the College Savings Plan, the total account balance of all accounts in the network for the same designated beneficiary is (or would be when taking into account a contribution being made) greater than the maximum limit established by the board pursuant to OAR 173-009-0015. The network shall accept contributions for accounts for that designated beneficiary (including contributions establishing new accounts), in the order of their receipt until the maximum account balance limit for that designated beneficiary has been reached.

(5) For the ABLE Plan, an account already exists for the designated beneficiary or the account owner.

(6) Entering into a participation agreement between the board and the applicant violates any federal securities or state "blue sky" laws or any other federal or state law.

(7) The Board determines that, for any other reason, it would be advisable to limit the number of accounts in the network or the plan under which the account is being opened.

(8) The board reserves the right to refuse applications that it determines to be an abuse of the network or a plan.

(9) Custodian: For the ABLE Plan, an individual’s agent under power of attorney, parent or legal guardian may open and manage an account for a qualified account owner and beneficiary.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841(2), 348.857(4) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • CSB 2-2013, f. & cert. ef. 12-19-13
  • CSB 1-2013(Temp), f. 6-12-13, cert. ef. 7-1-13 thru 12-28-13
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-008-0010 Participation Agreement

(1) For all Network Plans, an account owner must enter into a participation agreement for each account by completing and signing an application, which incorporates the participation agreement by reference or requires that the account owner acknowledge having received and read the current participation agreement. The participation agreement sets forth terms and conditions under which the account owner participates in a plan. The participation agreement may be amended by the board at any time and from time to time.

(2) For all Network Plans, any correspondence to a plan in the network shall be sent to the address indicated in the appropriate plan’s participant agreement or related plan’s disclosure materials.

(3) For all Network Plans, the plan manager may take action on behalf of and receive materials on behalf of the plan it manages.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • Reverted to QTSB 1-2001, f. & cert. ef. 1-2-01
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01

Division 9 CONTRIBUTIONS

Or. Admin. R. 173-009-0000 Contributions Generally

(1) For all Network Plans, the minimum initial contribution that must be made to an account at the time the account is opened will be specified by the appropriate plan, except that the minimum initial contribution requirement for a plan may be waived if the account owner agrees to participate in an automatic investment plan or other similar regular periodic contribution plan for that account in accordance with the participation agreement governing the account or may be waived on such terms as specified by the appropriate plan. The board may at any time without notice change the minimum contribution amounts.

(2) The board reserves the right to refuse contributions that it determines to be an abuse of the network or a plan.

(3) Subsequent contributions made to an account will be in accordance with the appropriate plan’s participation agreement governing the account.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.857(2) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-009-0005 Cash Contributions Only

For all Network Plans, contributions to an account shall be made in cash only. Cash includes checks, electronic funds transfers, and such other methods as the board determines and as permitted under applicable law. Cash does not include securities, property or credit card charges.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841 - 348.873
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-009-0010 Rollover Contributions

(1) Any person who is an account owner under another qualified tuition program or qualified ABLE program may rollover, subject to the Code, the Act and the terms of such other qualified tuition program or qualified ABLE program, all or part of the funds from an account in such other qualified tuition program or qualified ABLE program to an account in the appropriate network plan.

(2) For a College Savings Plan, the board also may permit a rollover contribution from a Coverdell education savings account described by Section 530 of the Code, a qualified U.S. savings bond described by Section 135 of the Code, or such other account(s) as may be permitted from time to time under section 529 of the Code.

(3) In order to set up a new account in which to deposit a qualified rollover contribution from an account in another qualified tuition program or qualified ABLE program, or such other account(s) as may be permitted from time to time under the Code, an applicant must, in addition to complying with the requirements of OAR 173-008, submit to the appropriate plan such information as the board may from time to time require, including the amount of the rollover contribution which is attributable to earnings on such contribution. In the case of a rollover contribution made directly from another qualified tuition program or qualified ABLE program, information regarding the earnings portion of the contribution may be provided directly by the distributing qualified tuition program or qualified ABLE program.

(4) The entire amount of a rollover contribution is counted for purposes of calculating the total account balance of all accounts for a designated beneficiary. If such rollover contribution causes the total account balance of all accounts in the network for a designated beneficiary to exceed the maximum limit established by the board pursuant to OAR 173-009-0015, the excess funds, or if required by the appropriate plan, the entire rollover contribution, shall be returned.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-009-0015 Maximum Contribution Limit

(1) Additional contributions to an account for a designated beneficiary are prohibited when the total account balance for all accounts for that designated beneficiary under the network exceeds the amount established by the Board as required by and in accordance with the Code.

(2) For the ABLE Plan, additional contributions to an account for a designated beneficiary are prohibited when the total annual contributions for that designated beneficiary exceeds the amount established by the Board as required by and in accordance with the Code.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.857(4) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01

Division 10 DISTRIBUTIONS

Or. Admin. R. 173-010-0000 Distribution Request

(1) For a College Savings Plan, only the account owner may request a distribution of funds (whether for a qualified withdrawal, a nonqualified withdrawal, or otherwise) from an account by submitting to the appropriate plan a completed distribution request form (or following such other procedures as are permitted under the appropriate plan) and such other information as from time to time is required by such plan.

(2) For the ABLE Plan, an agent under power of attorney, a parent or legal guardian may request a distribution of funds (whether for a qualified withdrawal, a nonqualified withdrawal, or otherwise) from an account by submitting to the appropriate plan a completed distribution request form (or following such other procedures as are permitted under the appropriate plan) and such other information as from time to time is required by such plan.

(3) A distribution from a network plan shall be subject to any applicable state and federal taxes.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.870(1) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-010-0025 Rollover Distribution and Fund Transfers

Rollovers and transfers within the network will be permitted only to the extent permitted by the Code.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.867(2) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01

Division 11 TERMINATION OF AN ACCOUNT

Or. Admin. R. 173-011-0000 Termination of an Account

(1) For all Network Plans, the account owner may terminate an account at any time. The board may terminate an account in accordance with the provisions of the participation agreement or in accordance with the Act or OAR chapter 173. If the board determines that an account owner or a designated beneficiary has provided false or misleading information to the board or a higher education institution with respect to an account or has acted in a manner that adversely affects the integrity of the network or a plan, the board may terminate the account. The remaining account balance will be distributed to the account owner, and the contributions and earnings thereon may be subject to federal and any applicable state income tax.

(2) The board may terminate an account in accordance with the provisions of the participation agreement or in accordance with the Act or OAR chapter 173 if the account balance drops below a point at which there are insufficient funds to cover the appropriate account fees, or a level at which determined by the board.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841(9), 348.870(3) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01

Division 12 FEES

Or. Admin. R. 173-012-0000 Board Administration Fees

For all Network Plans, the board may charge fees to account owners in order to pay for the board's and the network’s administrative expenses. Fees shall be collected on a predetermined basis and be paid to the board and the network. The board may from time to time review and adjust fees.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.857(6) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-012-0005 Other Fees

The plan manager for each network plan may charge such fees as are agreed to between the plan manager and the board, which fees may be payable by the account owners or from the assets of the appropriate plan.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.857(6) & 348.853(2)
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01

Division 14 INVESTMENT POLICIES

Or. Admin. R. 173-014-0000 Investment Policies

The Board shall establish investment policies for the Network Plans. These policies shall be reviewed, and may be modified, from time to time as the Board, in its sole discretion, determines. Any change to a plan’s investment policy shall apply prospectively.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841 - 348.873
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-014-0005 Reassignment of Accounts under the Age-Based and Years-to-College Investment Options

For all Network Plans, investment direction by the account owner or designated beneficiary of an account is prohibited unless otherwise permitted by the Code.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841 - 348.873
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 2-2002(Temp), f. & cert. ef. 8-15-02 thru 12-6-02
  • QTSB 1-2001, f. & cert. ef. 1-2-01
Or. Admin. R. 173-014-0010 Investment Direction

Investment direction by the account owner or designated beneficiary of an account is prohibited unless otherwise permitted by section 529.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841 - 348.873
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02

Division 15 CONFIDENTIALITY

Or. Admin. R. 173-015-0010 Confidentiality

Individual account information, including, but not limited to, names, addresses, telephone numbers, personal identification information, amounts contributed and earnings on amounts contributed, shall be maintained as confidential, and may be disclosed only as needed to administer the network consistent with the Act, the Code and Oregon tax laws or unless the person providing the information or who is the subject of the information executes and delivers to the appropriate plan its written consent to disclosure. This consent shall be in form and substance satisfactory to the board.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.853(2)
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10
  • QTSB 3-2002, f. & cert. ef. 10-29-02
  • QTSB 1-2002(Temp), f. & cert. ef. 6-14-02 thru 12-6-02

Division 16 MISCELLANEOUS

Or. Admin. R. 173-016-0010 Waivers

The executive director may waive non statutory requirements of OAR chapter 173 if such a waiver would serve the best interests of the network and the board and would not violate the Code.

History

  • Statutory/Other Authority: ORS 348.853(2)
  • Statutes/Other Implemented: ORS 348.841 - 348.873
  • OSB 1-2016, f. & cert. ef. 7-28-16
  • QTSB 2-2010, f. 9-10-10, cert. ef. 9-14-10
  • QTSB 1-2010(Temp), f. & cert. ef. 3-25-10 thru 9-15-10

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