Chapter DFI-CSP 1

DFI-CSP 1.08(3) (3) Upon receipt of the written request, the program manager shall register the information regarding the newly designated beneficiary in the records of the program. The change of the designated beneficiary shall be effective upon registration.

DFI-CSP 1.08 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03.

DFI-CSP 1.09 DFI-CSP 1.09 Contributions.

DFI-CSP 1.09(1) (1) Cash contributions. Any person may make a contribution to an account of a designated beneficiary. Contributions shall be made only in cash.

DFI-CSP 1.09(2) (2) Maximum contribution limit. Contributions to the accounts established for a designated beneficiary shall not, in the aggregate, exceed that amount necessary to provide for the qualified higher education expenses of the designated beneficiary. The board shall establish from time to time the maximum amount that may be contributed in the aggregate to the accounts of an individual designated beneficiary. Contributions in excess of that limit shall not be accepted and shall be returned to the contributor.

DFI-CSP 1.09(3) (3) Minimum contribution limit. The minimum amount contributed at the time an account is opened under s. DFI-CSP 1.04, and the minimum amount of any additional contribution to be made to an account shall be established from time to time by the board and set forth in the program description and participation agreement.

DFI-CSP 1.09(4) (4) Rollover contributions. Rollovers from another state’s qualified tuition program are permitted to the extent allowed by that state’s program and by section 529 of the internal revenue code. When making a rollover contribution, the account owner shall complete the forms and make such disclosures of financial information as set forth in the program description and participation agreement. If the rollover distribution deposited in the program account would cause the total account balance of all accounts for that designated beneficiary to exceed the maximum contribution limit, the program manager shall refuse the excess funds.

DFI-CSP 1.09(5) (5) Investment direction prohibition. Except as permitted under section 529 of the internal revenue code and any regulations issued thereunder, no person contributing to an account may direct the investment or investment earnings of any contribution of an account.

DFI-CSP 1.09 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register October 2017 No. 742; CR 19-120: am. (4) Register May 2020 No. 773, eff. 6-1-20.

DFI-CSP 1.10 DFI-CSP 1.10 Separate accounting. Separate records and accounting shall be maintained for each account established under the program. The program manager shall issue reports to each account owner at least annually.

DFI-CSP 1.10 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03.

DFI-CSP 1.11 DFI-CSP 1.11 General distributions.

DFI-CSP 1.11(1) (1) Calculating earnings on multiple accounts. If an individual is the designated beneficiary of more than one account, all contributions and earnings with respect to those accounts shall be treated in a manner consistent with the requirements of section 529 of the internal revenue service for purposes of calculating the earnings portions of any distribution with respect to that designated beneficiary.

DFI-CSP 1.11(2) (2) Distribution requests. An account owner may request a distribution of funds by submitting to the program manager at least three business days prior to the date of the requested distribution a completed distribution request form. Upon receipt, the program manager shall commence processing properly completed distribution request forms as soon as practicable.

DFI-CSP 1.11(3) (3) Distribution limitation. A designated beneficiary may not authorize distribution or withdrawal of account funds.

DFI-CSP 1.11(4) (4) Nonqualified distribution. A distribution of funds from an account for any use other than qualified higher education expenses for the designated beneficiary constitutes a nonqualified distribution and may be subject to the additional tax imposed by section529(c)(6) of the internal revenue code.

DFI-CSP 1.11 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03.

DFI-CSP 1.12 DFI-CSP 1.12 Refund of qualified distribution payment. An eligible educational institution that owes a full or partial refund of a qualified distribution due to an overpayment of educational expenses or for any other reason shall pay the refund in any manner permitted by section 529 of the internal revenue code.

DFI-CSP 1.12 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03; CR 19-120: am. Register May 2020 No. 773, eff. 6-1-20.

DFI-CSP 1.13 DFI-CSP 1.13 Account termination.

DFI-CSP 1.13(1) (1) The board shall determine the conditions under which an account may be terminated, including but not limited to the following:

DFI-CSP 1.13(1)(a) (a) The account balance is below an established minimum.

DFI-CSP 1.13(1)(b) (b) The account has been inactive for an established amount of time.

DFI-CSP 1.13(1)(c) (c) Any portion of the account remains unused 10 years after the anticipated academic year of the designated beneficiary’s initial enrollment in an eligible educational institution.

DFI-CSP 1.13(1)(d) (d) The account owner or the designated beneficiary provides false or misleading information to the board, the program manager, or an eligible educational institution.

DFI-CSP 1.13(2) (2) Prior to termination, the program manager shall give reasonable notice to the account owner of the proposed termination. The notice shall provide a reasonable period of time, as determined by the board, in which to prevent termination by either making an additional contribution or a qualified distribution as necessary. Upon termination, the account balance shall be paid to the account owner as a nonqualified distribution, subject to applicable federal or state taxes, and any additional fees as determined by the board.

DFI-CSP 1.13 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03.

DFI-CSP 1.14 DFI-CSP 1.14 Fees. The board may charge account owners a fee for the administrative expenses of the program. Fees shall be clearly identified in the program description that accompanies the participation agreement.

DFI-CSP 1.14 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03.

DFI-CSP 1.15 DFI-CSP 1.15 Penalties. The board may impose penalties as necessary to maintain eligibility as a qualified tuition program under section 529 of the internal revenue code.

DFI-CSP 1.15 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03.

DFI-CSP 1.16 DFI-CSP 1.16 Investment policies. The board shall establish all investment guidelines for the program.

DFI-CSP 1.16 History History: CR 02-009: cr. Register January 2003 No. 565, eff. 2-1-03.