South Dakota Codified Laws
Chapter 63 - Higher Education Savings Plan
Section 13-63-32 - Immunity from liability.

13-63-32. Immunity from liability.
The council, its members, the state investment officer, and the employees of the Division of Investment personally are immune from any and all liability for actions taken in good faith in the discharge of the council's responsibilities under the program.

Source: SL 2003, ch 112, ยง1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 13 - Education

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 13-63-18 - No direction of investments--Limited options permitted--Financial institution obligation.

Section 13-63-19 - Council to select financial institution in event of transfer of accounts--Exception.

Section 13-63-20 - Interest in account not subject to levy, judgment or garnishment--Not deemed asset--Interest not to be used as security--Inclusion as gross asset.

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 13-63-25 - Government and non-profit organizations as account owners--Beneficiaries identified after account opened.

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.

Section 13-63-31 - Annual report by council.

Section 13-63-32 - Immunity from liability.