13-63-18. No direction of investments--Limited options permitted--Financial institution obligation.
A contributor to, account owner of, or designated beneficiary of, any account may not, directly or indirectly direct the investment of any contributions to an account or the earnings from the account, except to the extent permitted under section 529 of the Internal Revenue Code. A financial institution may not permit a contributor, account owner, or designated beneficiary to act with respect to an account in a manner that constitutes investment direction, except to the extent permitted under section 529(b)(4) of the Internal Revenue Code.
The council, as trustee, may offer participants a choice of several investment options, some of which may require investment counseling prior to participation. Any investment vehicle offered by the council must be in accordance with policies of the council adopted pursuant to this chapter and must be consistent with the investments of a prudent person with similar objectives and must further be separate from, and not commingled with, other investment programs of the council.
Source: SL 2001, ch 97, §18; SL 2002, ch 94, §2; SL 2022, ch 49, §7.
Structure South Dakota Codified Laws
Chapter 63 - Higher Education Savings Plan
Section 13-63-1 - Definitions.
Section 13-63-2 - Powers of South Dakota Investment Council.
Section 13-63-3 - Depositories and managers--Bidding by financial institutions--Selection criteria.
Section 13-63-4 - Contract with financial institution to serve as program manager.
Section 13-63-5 - Duties of program manager.
Section 13-63-6 - Term of contract between council and financial institution.
Section 13-63-7 - Conditions applicable to nonrenewed contracts.
Section 13-63-8 - Termination of contract for good cause--Transfer of accounts.
Section 13-63-9 - Program operated through accounts--Requirements to open.
Section 13-63-10 - Contributions to accounts.
Section 13-63-11 - Withdrawals from account.
Section 13-63-12 - Changing designated beneficiary.
Section 13-63-13 - Transferring funds to another account--Conditions.
Section 13-63-14 - Limitations on changing designated beneficiary and rolling over funds.
Section 13-63-17 - Accounts to be maintained separately.
Section 13-63-21 - Council to adopt rules to prevent excess contributions.
Section 13-63-21.1 - Excess contributions--Processing.
Section 13-63-22 - Account distributions to be reported as required by federal law.
Section 13-63-23 - Account statements--Contents.
Section 13-63-24 - Statements to comply with federal or state tax laws.
Section 13-63-26 - Identifying information of account holders and beneficiaries confidential.
Section 13-63-27 - Account balance of beneficiary student treated as asset of parent--Exceptions.
Section 13-63-28 - Limitations of chapter.
Section 13-63-29 - Chapter does not establish guarantees.
Section 13-63-30 - Mandated disclaimers.