South Dakota Codified Laws
Chapter 63 - Higher Education Savings Plan
Section 13-63-7 - Conditions applicable to nonrenewed contracts.

13-63-7. Conditions applicable to nonrenewed contracts.
If a contract executed between the council and a financial institution pursuant to this chapter is not renewed, all of the following conditions apply at the end of the term of the nonrenewed contract:
(1)Accounts previously established and held in investment instruments at the financial institution may not be terminated;
(2)Additional contributions may be made to the accounts; and
(3)No new accounts may be placed with that financial institution.

Source: SL 2001, ch 97, ยง7.

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.