As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 161  5            

      1999-2000                                                    6            


                         SENATOR GARDNER                           8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 3334.01, 3334.02, 3334.08,          12           

                3334.10, 3334.12, 3334.15, and 5747.01 and to      13           

                enact sections 3334.18, 3334.19, 3334.20,          14           

                3334.21, and 5747.70 of the Revised Code to                     

                authorize the Ohio tuition trust authority to      15           

                establish a variable college savings program.      16           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That sections 3334.01, 3334.02, 3334.08,         20           

3334.10, 3334.12, 3334.15, and 5747.01 be amended and sections     21           

3334.18, 3334.19, 3334.20, 3334.21, and 5747.70 of the Revised     22           

Code be enacted to read as follows:                                23           

      Sec. 3334.01.  As used in this chapter:                      32           

      (A)  "Aggregate original principal amount" means the         34           

aggregate of the initial offering prices to the public of college  35           

savings bonds, exclusive of accrued interest, if any.  "Aggregate  36           

original principal amount" does not mean the aggregate accreted    37           

amount payable at maturity or redemption of such bonds.            38           

      (B)  "Beneficiary" means an:                                 40           

      (1)  AN individual designated by the purchaser under a       42           

tuition payment contract or through a scholarship program as the   44           

individual on whose behalf tuition credits purchased under the     45           

contract or awarded through the scholarship program will be                     

applied toward the payment of undergraduate, graduate, or          46           

professional tuition; OR                                           47           

      (2)  AN INDIVIDUAL DESIGNATED BY THE CONTRIBUTOR UNDER A     49           

VARIABLE COLLEGE SAVINGS PROGRAM CONTRACT AS THE INDIVIDUAL WHOSE  50           

                                                          2      


                                                                 
TUITION AND OTHER HIGHER EDUCATION EXPENSES WILL BE PAID FROM A    51           

VARIABLE COLLEGE SAVINGS PROGRAM ACCOUNT.                          52           

      (C)  "Capital appreciation bond" means a bond for which the  54           

following is true:                                                              

      (1)  The principal amount is less than the amount payable    56           

at maturity or early redemption; and                               57           

      (2)  No interest is payable on a current basis.              59           

      (D)  "Tuition credit" means a credit of the Ohio tuition     61           

trust authority purchased under section 3334.09 of the Revised     62           

Code.                                                                           

      (E)  "College savings bonds" means revenue and other         64           

obligations issued on behalf of the state or any agency or         65           

issuing authority thereof as a zero-coupon or capital              66           

appreciation bond, and designated as college savings bonds as      67           

provided in this chapter.  "College savings bond issue" means any  68           

issue of bonds of which any part has been designated as college    69           

savings bonds.                                                     70           

      (F)  "Institution of higher education" means a state         72           

institution of higher education, a private college, university,    74           

or other postsecondary institution located in this state that                   

possesses a certificate of authorization issued by the Ohio board  75           

of regents pursuant to Chapter 1713. of the Revised Code or a      76           

certificate of registration issued by the state board of           77           

proprietary school registration under Chapter 3332. of the         78           

Revised Code, or an accredited college, university, or other       79           

postsecondary institution located outside this state that is       80           

accredited by an accrediting organization or professional          81           

association recognized by the authority.  To be considered an      82           

institution of higher education, an institution shall meet the     83           

definition of an eligible educational institution under section    84           

529 of the Internal Revenue Code.                                               

      (G)  "Issuing authority" means any authority, commission,    86           

body, agency, or individual empowered by the Ohio Constitution or  88           

the Revised Code to issue bonds or any other debt obligation of    89           

                                                          3      


                                                                 
the state or any agency or department thereof.  "Issuer" means                  

the issuing authority or, if so designated under division (B) of   90           

section 3334.04 of the Revised Code, the treasurer of state.       91           

      (H)  "Tuition" means the charges imposed to attend an        93           

institution of higher education as an undergraduate, graduate, or  94           

professional student and all fees required as a condition of       95           

enrollment, as determined by the Ohio tuition trust authority.     96           

"Tuition" does not include fees charged to out-of-state residents  97           

by state institutions of higher education, laboratory fees, room   98           

and board, or other similar fees and charges.                      99           

      (I)  "Weighted average tuition" means the tuition cost       101          

resulting from the following calculation:                          102          

      (1)  Add the products of the annual undergraduate tuition    104          

at each four-year state university multiplied by that              105          

institution's total number of undergraduate fiscal year equated    106          

students; and                                                      107          

      (2)  Divide the gross total of the products from division    109          

(J)(I)(1) of this section by the total number of undergraduate     110          

fiscal year equated students attending four-year state             111          

universities.                                                      112          

      (J)  "Zero-coupon bond" means a bond which has a stated      114          

interest rate of zero per cent and on which no interest is         115          

payable until the maturity or early redemption of the bond, and    116          

is offered at a substantial discount from its original stated      117          

principal amount.                                                  118          

      (K)  "State institution of higher education" includes the    120          

state universities listed in section 3345.011 of the Revised       121          

Code, community colleges created pursuant to Chapter 3354. of the  122          

Revised Code, university branches created pursuant to Chapter      123          

3355. of the Revised Code, technical colleges created pursuant to  124          

Chapter 3357. of the Revised Code, state community colleges        125          

created pursuant to Chapter 3358. of the Revised Code, the         126          

medical college of Ohio at Toledo, and the northeastern Ohio       127          

universities college of medicine.                                               

                                                          4      


                                                                 
      (L)  "Four-year state university" means those state          129          

universities listed in section 3345.011 of the Revised Code.       130          

      (M)  "Principal amount" refers to the initial offering       132          

price to the public of an obligation, exclusive of the accrued     133          

interest, if any.  "Principal amount" does not refer to the        134          

aggregate accreted amount payable at maturity or redemption of an  135          

obligation.                                                        136          

      (N)  "Scholarship program" means a program registered with   138          

the Ohio tuition trust authority pursuant to section 3334.18       139          

3334.17 of the Revised Code.                                       140          

      (O)  "Internal Revenue Code" means the "Internal Revenue     143          

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.  144          

      (P)  "Other higher education expenses" means room and board  147          

and books, supplies, equipment, and nontuition-related fees        148          

associated with the cost of attendance of a beneficiary at an      149          

institution of higher education, but only to the extent that such  150          

expenses meet the definition of "qualified higher education        151          

expenses" under section 529 of the Internal Revenue Code.  "Other  152          

higher education expenses" does not include tuition as defined in  153          

division (H) of this section.                                      154          

      (Q)  "Purchaser" means the person signing the tuition        157          

payment contract, who controls the account and acquires tuition    158          

credits for an account under the terms and conditions of the       159          

contract.                                                                       

      (R)  "CONTRIBUTOR" MEANS A PERSON WHO SIGNS A VARIABLE       161          

COLLEGE SAVINGS PROGRAM CONTRACT WITH THE OHIO TUITION TRUST       162          

AUTHORITY AND CONTRIBUTES TO AND OWNS THE ACCOUNT CREATED UNDER    163          

THE CONTRACT.                                                                   

      Sec. 3334.02.  (A)  In order to help make higher education   172          

affordable and accessible to all citizens of Ohio, to maintain     173          

state institutions of higher education by helping to provide a     174          

stable financial base to these institutions, to provide the        175          

citizens of Ohio with financing assistance for higher education    176          

and protection against rising tuition costs, to encourage saving   177          

                                                          5      


                                                                 
to enhance the ability of citizens of Ohio to obtain financial     178          

access to institutions of higher education, to encourage           179          

elementary and secondary students in this state to achieve         180          

academic excellence, and to promote a well-educated and            181          

financially secure population to the ultimate benefit of all       182          

citizens of the state of Ohio, there is hereby created the Ohio    183          

college savings program.  The program shall consist of the         184          

issuance of college savings bonds and the sale of tuition credits  185          

and, if offered, supplemental credits.                             186          

      (B)  The provisions of Chapter 1707. of the Revised Code     188          

shall not apply to tuition credits or any agreement or             190          

transaction related thereto.                                                    

      (C)  TO PROVIDE THE CITIZENS OF OHIO WITH A CHOICE OF        192          

TAX-ADVANTAGED COLLEGE SAVINGS PROGRAMS AND THE OPPORTUNITY TO     193          

PARTICIPATE IN MORE THAN ONE TYPE OF COLLEGE SAVINGS PROGRAM AT A  195          

TIME, THE OHIO TUITION TRUST AUTHORITY MAY ESTABLISH AND           196          

ADMINISTER A VARIABLE COLLEGE SAVINGS PROGRAM AS A QUALIFIED       197          

STATE TUITION PROGRAM UNDER SECTION 529 OF THE INTERNAL REVENUE    198          

CODE.  THE PROGRAM, IF ESTABLISHED, SHALL ALLOW CONTRIBUTORS TO    200          

MAKE CASH CONTRIBUTIONS TO VARIABLE COLLEGE SAVINGS PROGRAM        201          

ACCOUNTS CREATED FOR THE PURPOSE OF PAYING FUTURE TUITION AND                   

OTHER HIGHER EDUCATION EXPENSES AND PROVIDING VARIABLE RATES OF    202          

RETURN ON CONTRIBUTIONS.                                           203          

      (D)  IF A VARIABLE COLLEGE SAVINGS PROGRAM IS ESTABLISHED,   205          

A PERSON MAY PARTICIPATE SIMULTANEOUSLY IN BOTH THE OHIO COLLEGE   206          

SAVINGS PROGRAM AND THE VARIABLE COLLEGE SAVINGS PROGRAM.          207          

      Sec. 3334.08.  (A)  In addition to any other powers          216          

conferred by this chapter, the Ohio tuition trust authority may    217          

do any of the following:                                           218          

      (1)  Impose reasonable residency requirements for            220          

beneficiaries of tuition credits;                                  221          

      (2)  Impose reasonable limits on the number of tuition       223          

credit participants;                                               224          

      (3)  Impose and collect administrative fees and charges in   226          

                                                          6      


                                                                 
connection with any transaction under this chapter;                227          

      (4)  Purchase insurance from insurers licensed to do         229          

business in this state providing for coverage against any loss in  230          

connection with the authority's property, assets, or activities    231          

or to further ensure the value of tuition credits;                 232          

      (5)  Indemnify or purchase policies of insurance on behalf   234          

of members, officers, and employees of the authority from          235          

insurers licensed to do business in this state providing for       236          

coverage for any liability incurred in connection with any civil   237          

action, demand, or claim against a director, officer, or employee  238          

by reason of an act or omission by the director, officer, or       239          

employee that was not manifestly outside the scope of the          240          

employment or official duties of the director, officer, or         241          

employee or with malicious purpose, in bad faith, or in a wanton   243          

or reckless manner;                                                             

      (6)  Make, execute, and deliver contracts, conveyances, and  245          

other instruments necessary to the exercise and discharge of the   246          

powers and duties of the authority;                                247          

      (7)  Promote, advertise, and publicize the college savings   249          

program AND THE VARIABLE COLLEGE SAVINGS PROGRAM;                  250          

      (8)  Adopt rules under section 111.15 of the Revised Code    252          

for the implementation of the college savings program AND THE      253          

VARIABLE COLLEGE SAVINGS PROGRAM;                                  254          

      (9)  Contract, for the provision of all or part of the       256          

services necessary for the management and operation of the         257          

college savings program AND THE VARIABLE COLLEGE SAVINGS PROGRAM,  258          

with a bank, trust company, savings and loan association,          260          

insurance company, or licensed dealer in securities if the bank,   261          

company, association, or dealer is authorized to do business in    262          

this state and information about the contract is filed with the    263          

controlling board pursuant to division (D)(6) of section 127.16    264          

of the Revised Code;                                                            

      (10)  Contract for other services, or for goods, needed by   266          

the authority in the conduct of its business, including but not    267          

                                                          7      


                                                                 
limited to credit card services;                                   268          

      (11)  Employ an executive director and other personnel as    270          

necessary to carry out its responsibilities under this chapter,    271          

and fix the compensation of these persons.  All employees of the   272          

authority shall be in the unclassified civil service and shall be  273          

eligible for membership in the public employees retirement         274          

system.                                                            275          

      (12)  Contract with financial consultants, actuaries,        277          

auditors, and other consultants as necessary to carry out its      278          

responsibilities under this chapter;                               279          

      (13)  Enter into agreements with any agency of the state or  281          

its political subdivisions or with private employers under which   282          

an employee may agree to have a designated amount deducted in      283          

each payroll period from the wages or salary due the employee for  284          

the purpose of purchasing tuition credits pursuant to a tuition    285          

payment contract OR MAKING CONTRIBUTIONS PURSUANT TO A VARIABLE    286          

COLLEGE SAVINGS PROGRAM CONTRACT;                                  287          

      (14)  Enter into an agreement with the treasurer of state    289          

under which the treasurer of state will receive, and credit to     290          

the Ohio tuition trust fund OR VARIABLE COLLEGE SAVINGS PROGRAM    291          

FUND, from any bank or savings and loan association authorized to  293          

do business in this state, amounts that a depositor of the bank    294          

or association authorizes the bank or association to withdraw      295          

periodically from the depositor's account for the purpose of       297          

purchasing tuition credits pursuant to a tuition payment contract  298          

OR MAKING CONTRIBUTIONS PURSUANT TO A VARIABLE COLLEGE SAVINGS     299          

PROGRAM CONTRACT;                                                               

      (15)  Solicit and accept gifts, grants, and loans from any   301          

person or governmental agency and participate in any governmental  302          

program;                                                           303          

      (16)  Impose limits on the number of credits which may be    306          

purchased on behalf of or assigned or awarded to any beneficiary   307          

AND ON THE TOTAL AMOUNT OF CONTRIBUTIONS THAT MAY BE MADE ON       308          

BEHALF OF A BENEFICIARY;                                                        

                                                          8      


                                                                 
      (17)  Impose restrictions on the substitution of another     310          

individual for the original beneficiary;                           311          

      (18)  Impose a limit on the age of a beneficiary, above      313          

which tuition credits may not be purchased OR CONTRIBUTIONS MADE   314          

on behalf of that beneficiary;                                     316          

      (19)  Enter into a cooperative agreement with the treasurer  318          

of state to provide for the direct disbursement of payments under  319          

tuition payment OR VARIABLE COLLEGE SAVINGS PROGRAM contracts;     320          

      (20)  Determine the other higher education expenses for      322          

which tuition credits OR CONTRIBUTIONS may be used;                323          

      (21)  Terminate any prepaid tuition OR VARIABLE COLLEGE      325          

SAVINGS PROGRAM contract if no purchases OR CONTRIBUTIONS are      327          

made for a period of three years or more and there are fewer than  329          

a total of five tuition units or tuition credits OR LESS THAN A    330          

DOLLAR AMOUNT SET BY RULE on account, provided that notice of a    331          

possible termination shall be provided in advance, explaining any  332          

options to prevent termination, and a reasonable amount of time    333          

shall be provided within which to act to prevent a termination;    334          

      (22)  Perform all acts necessary and proper to carry out     336          

the duties and responsibilities of the authority pursuant to this  337          

chapter.                                                           338          

      (B)  Except as otherwise specified in this chapter, the      340          

provisions of Chapters 123., 125., and 4117. of the Revised Code   341          

shall not apply to the authority.  The department of               342          

administrative services shall, upon the request of the authority,  343          

act as the authority's agent for the purchase of equipment,        344          

supplies, insurance, or services, or the performance of            345          

administrative services pursuant to Chapter 125. of the Revised    346          

Code.                                                              347          

      Sec. 3334.10.  Divisions (A) and (B) of this section do not  356          

apply to scholarship programs established under section 3334.17    357          

of the Revised Code.                                                            

      (A)  Unless otherwise provided for in the contract, a        360          

tuition payment OR VARIABLE COLLEGE SAVINGS PROGRAM contract may   361          

                                                          9      


                                                                 
be terminated by the purchaser OR CONTRIBUTOR under any of the     363          

following circumstances upon the written request of the purchaser               

OR CONTRIBUTOR to the authority:                                   364          

      (1)  Upon the death or permanent disability of the           366          

beneficiary;                                                                    

      (2)  Upon notification to the Ohio tuition trust authority   368          

in writing that the beneficiary is age eighteen or older, has      369          

decided not to attend an institution of higher education, and      370          

requests that the tuition payment contract be terminated;          371          

      (3)  Upon the beneficiary's completion of the degree         373          

requirements at an institution of higher education;                374          

      (4)  Upon the rollover of all contributions to AMOUNTS IN a  377          

tuition credit OR VARIABLE COLLEGE SAVINGS PROGRAM account to the  378          

prepaid tuition plan of AN EQUIVALENT ACCOUNT IN another state;    380          

      (5)  Upon the occurrence of other circumstances determined   382          

by the authority to be grounds for termination.                    383          

      (B)  The authority shall determine the method and schedule   385          

for payment of refunds upon termination of a tuition payment       386          

contract.                                                          387          

      (1)  In cases described by division (A)(2) or (3) of this    389          

section, the amount of the refund shall be equal to ninety-nine    390          

one-hundredths of NOT LESS THAN one per cent of the weighted       391          

average tuition in the academic year the contract REFUND is        393          

terminated PAID, multiplied by the number of tuition credits       395          

purchased and not used, minus any reasonable charges and fees                   

provided for by the authority, or such other lesser sum as shall   396          

be determined by the authority but only to the extent that such a  397          

lesser sum is necessary to meet the refund penalty requirements    398          

for qualified state tuition programs under section 529 of the      399          

Internal Revenue Code.                                             400          

      (2)  In cases described by division (A)(1) of this section,  402          

the amount of the refund shall be equal to the greater of the      403          

following:                                                                      

      (a)  One per cent of the weighted average tuition in the     406          

                                                          10     


                                                                 
academic year the contract is terminated, multiplied by the        407          

number of tuition credits purchased and not used;                  408          

      (b)  The total purchase price of all tuition credits         410          

purchased for the beneficiary and not used.                        411          

      (3)  In cases described by division (A)(5) of this section,  413          

the amount of the refund shall be either of the following as       414          

determined by the authority:                                       415          

      (a)  The refund provided by division (B)(1) of this          417          

section;                                                                        

      (b)  The refund provided by division (B)(2) of this          419          

section, or such other lesser sum as shall be determined by the    421          

authority but only to the extent that such a lesser sum is         422          

necessary to meet the refund penalty requirements for qualified    423          

state tuition programs under section 529 of the Internal Revenue   424          

Code.                                                                           

      (C)  In the case of a scholarship program, a refund of       426          

tuition credits in the program's account may be made only for      427          

just cause with the approval of the authority.  The refund shall   428          

be paid to the entity that established the scholarship program     429          

or, with that entity's approval, to the authority if this is       430          

authorized by federal tax law.  The amount of any refund shall be  431          

determined by the authority and shall meet the requirements for    432          

refunds made on account of scholarships under section 529 of the   433          

Internal Revenue Code.                                             434          

      (D)  If a beneficiary is awarded a scholarship other than    436          

under a scholarship program, a waiver of tuition, or similar       437          

subvention that the authority determines cannot be converted into  439          

money by the beneficiary, the authority shall, during each         440          

academic term that the beneficiary furnishes the authority such    441          

information about the scholarship, waiver, or similar subvention   442          

as the authority requires, refund to the person designated in the  443          

contract, or, in the case of a beneficiary under a scholarship     444          

program, to the beneficiary an amount equal to the value that the  445          

tuition credits OR CONTRIBUTIONS that are not needed on account    446          

                                                          11     


                                                                 
of the scholarship, waiver, or similar subvention would otherwise  447          

have to the beneficiary that term at the institution of higher     448          

education where the beneficiary is enrolled.  The authority may,   449          

at its sole option, designate the institution of higher education  450          

at which the beneficiary is enrolled as the agent of the           451          

authority for purposes of refunds pursuant to this division.       452          

      (E)  If, in any academic term for which tuition credits      454          

have been used to pay all or part of a beneficiary's tuition, the  455          

beneficiary withdraws from the institution of higher education at  456          

which the beneficiary is enrolled prior to the end of the          457          

academic term, a pro rata share of any refund of tuition as a      458          

result of the withdrawal equal to that portion of the tuition      459          

paid with tuition credits shall be made to the authority, unless   460          

the authority designates a different procedure.  The authority     461          

shall credit any refund received, less any reasonable charges and  462          

fees provided for by the authority, to the appropriate account     463          

established under division (F)(1) or (2) of section 3334.11 of     465          

the Revised Code.                                                               

      (F)(1)  A CONTRIBUTOR UNDER A VARIABLE COLLEGE SAVINGS       467          

PROGRAM CONTRACT MAY RECEIVE A REFUND OF THE PRINCIPAL             468          

CONTRIBUTED, PLUS ACTUAL INVESTMENT EARNINGS OR MINUS ACTUAL       470          

INVESTMENT LOSSES, LESS ANY ADMINISTRATIVE FEES, AND LESS ANY      471          

AMOUNTS USED TO PROVIDE BENEFITS TO THE BENEFICIARY, IF THE        472          

CONTRACT IS TERMINATED FOR ANY OF THE REASONS SET FORTH IN                      

DIVISION (A)(1) OR (A)(3) OF THIS SECTION.                         474          

      (2)  IF A VARIABLE COLLEGE SAVINGS PROGRAM CONTRACT IS       476          

TERMINATED FOR ANY REASON OTHER THAN THOSE SET FORTH IN DIVISION   477          

(A)(1) OR (A)(3) OF THIS SECTION, THE CONTRIBUTOR MAY RECEIVE A    479          

REFUND OF THE PRINCIPAL CONTRIBUTED, PLUS ACTUAL INVESTMENT        480          

EARNINGS OR MINUS ACTUAL INVESTMENT LOSSES, LESS ANY               481          

ADMINISTRATIVE FEES, LESS ANY AMOUNTS USED TO PROVIDE BENEFITS TO  483          

THE BENEFICIARY FUNDS, AND LESS A PENALTY OF TEN PER CENT OF THE   484          

EARNINGS OF THE ACCOUNT.  EARNINGS SHALL BE CALCULATED AS THE      485          

TOTAL VALUE OF THE CONTRACT LESS THE AGGREGATE CONTRIBUTIONS, OR   486          

                                                          12     


                                                                 
IN SUCH OTHER MANNER AS PRESCRIBED BY THE INTERNAL REVENUE CODE.   487          

      Sec. 3334.12.  Notwithstanding anything to the contrary in   496          

sections 3334.07 and 3334.09 of the Revised Code:                  497          

      (A)  Annually, the Ohio tuition trust authority shall have   499          

the actuarial soundness of the Ohio tuition trust fund evaluated   500          

by a nationally recognized actuary and shall determine whether     501          

additional assets are necessary to defray the obligations of the   502          

authority.  If, after the authority sets the price for tuition     503          

credits, circumstances arise that the executive director           505          

determines necessitate an additional evaluation of the actuarial   506          

soundness of the fund, the executive director shall have a         508          

nationally recognized actuary conduct the necessary evaluation.    509          

If the assets of the fund are insufficient to ensure the           510          

actuarial soundness of the fund, the authority shall adjust the    511          

price of subsequent purchases of tuition credits.                               

      (B)  Upon termination of the program or liquidation of the   513          

Ohio tuition trust fund, the Ohio tuition trust reserve fund, and  514          

the Ohio tuition trust operating fund, any remaining assets of     515          

the funds after all obligations of the funds have been satisfied   516          

pursuant to division (B) of section 3334.11 of the Revised Code    517          

shall be transferred to the general revenue fund of the state.     518          

      (C)  The authority shall prepare and cause to have audited   520          

an annual financial report on all financial activity of the Ohio   521          

tuition trust authority within ninety days of the end of the       522          

fiscal year.  The authority shall transmit a copy of the audited   523          

financial report to the governor, the president of the senate,     524          

the speaker of the house of representatives, and the minority      525          

leaders of the senate and the house of representatives.  Copies    526          

of the audited financial report also shall be made available,      527          

upon request, to the persons entering into contracts with the      528          

authority and to prospective purchasers of tuition credits AND     529          

PROSPECTIVE CONTRIBUTORS TO VARIABLE COLLEGE SAVINGS PROGRAM       530          

ACCOUNTS.                                                                       

      Sec. 3334.15.  The right of a person to a tuition credit or  539          

                                                          13     


                                                                 
a payment under section 3334.09 of the Revised Code pursuant to a  540          

tuition credit contract or scholarship program, OR MONEY PAID      541          

INTO OR OUT OF A VARIABLE COLLEGE SAVINGS PROGRAM ACCOUNT THAT     542          

HAS NOT BEEN TERMINATED, shall not be subject to execution,        543          

garnishment, attachment, the operation of bankruptcy or the        544          

insolvency laws, or other process of law.                          545          

      Sec. 3334.18.  (A)  A VARIABLE COLLEGE SAVINGS PROGRAM       547          

ESTABLISHED BY THE OHIO TUITION TRUST AUTHORITY SHALL INCLUDE      548          

PROVISIONS FOR A CONTRACT TO BE ENTERED INTO BETWEEN A             549          

CONTRIBUTOR AND THE AUTHORITY THAT WILL AUTHORIZE THE CONTRIBUTOR  550          

TO OPEN ACCOUNTS FOR ONE OR MORE BENEFICIARIES AND MAY AUTHORIZE   551          

THE CONTRIBUTOR TO SUBSTITUTE A NEW BENEFICIARY FOR ONE            552          

ORIGINALLY NAMED IN THE CONTRACT.                                  553          

      (B)  THE AUTHORITY SHALL ENSURE, AS FAR AS PRACTICABLE,      555          

THAT TOTAL CONTRIBUTIONS MADE TO VARIABLE COLLEGE SAVINGS PROGRAM  556          

ACCOUNTS ON BEHALF OF A BENEFICIARY DO NOT EXCEED THE AMOUNT       558          

NECESSARY TO PROVIDE FOR THE TUITION AND OTHER HIGHER EDUCATION    559          

EXPENSES OF THE BENEFICIARY.                                       560          

      (C)  PARTICIPATION IN THE VARIABLE COLLEGE SAVINGS PROGRAM   562          

DOES NOT GUARANTEE THAT CONTRIBUTIONS AND THE INVESTMENT RETURN    563          

ON CONTRIBUTIONS, IF ANY, WILL BE ADEQUATE TO COVER FUTURE         565          

TUITION AND OTHER HIGHER EDUCATION EXPENSES OR THAT A BENEFICIARY  566          

WILL BE ADMITTED TO OR PERMITTED TO CONTINUE TO ATTEND AN          567          

INSTITUTION OF HIGHER EDUCATION.  THE STATE SHALL HAVE NO DEBT OR  568          

OBLIGATION TO ANY CONTRIBUTOR, BENEFICIARY, OR ANY OTHER PERSON    569          

AS A RESULT OF THE ESTABLISHMENT OF THE PROGRAM.                   570          

      Sec. 3334.19.  (A)  IF THE OHIO TUITION TRUST AUTHORITY      572          

ESTABLISHES A VARIABLE COLLEGE SAVINGS PROGRAM, IT SHALL ADOPT AN  573          

INVESTMENT PLAN THAT SETS FORTH INVESTMENT POLICIES AND            574          

GUIDELINES TO BE UTILIZED IN ADMINISTERING THE PROGRAM.  THE       575          

AUTHORITY MAY CONTRACT WITH ONE OR MORE INSURANCE COMPANIES,       576          

BANKS, OR OTHER FINANCIAL INSTITUTIONS TO ACT AS ITS INVESTMENT    577          

AGENTS AND TO PROVIDE SUCH SERVICES AS THE AUTHORITY CONSIDERS     578          

APPROPRIATE TO THE INVESTMENT PLAN, INCLUDING:                     579          

                                                          14     


                                                                 
      (1)  THE PURCHASE, CONTROL, AND SAFEKEEPING OF ASSETS;       581          

      (2)  RECORD KEEPING AND ACCOUNTING FOR INDIVIDUAL ACCOUNTS   583          

AND FOR THE PROGRAM AS A WHOLE;                                    584          

      (3)  PREPARATION OF CONSOLIDATED BILLINGS AND STATEMENTS OF  586          

ACCOUNT.                                                           587          

      (B)  THE AUTHORITY OR ITS INVESTMENT AGENTS SHALL MAINTAIN   589          

A SEPARATE ACCOUNT FOR EACH BENEFICIARY OF A VARIABLE COLLEGE      590          

SAVINGS PROGRAM ACCOUNT.  IF A BENEFICIARY HAS MORE THAN ONE SUCH  591          

ACCOUNT, THE AUTHORITY OR ITS AGENTS SHALL TRACK TOTAL             592          

CONTRIBUTIONS AND EARNINGS AND PROVIDE A CONSOLIDATED SYSTEM OF    593          

ACCOUNT DISTRIBUTIONS TO INSTITUTIONS OF HIGHER EDUCATION.         594          

      (C)  THE AUTHORITY OR ITS AGENTS MAY PLACE ASSETS OF THE     596          

PROGRAM IN SAVINGS ACCOUNTS AND MAY PURCHASE FIXED OR VARIABLE     597          

LIFE INSURANCE OR ANNUITY CONTRACTS, SECURITIES, EVIDENCE OF       599          

INDEBTEDNESS, OR OTHER INVESTMENT PRODUCTS PURSUANT TO THE         600          

INVESTMENT PLAN.                                                                

      (D)  CONTRIBUTORS MAY NOT INVEST DIRECTLY UNDER THE          602          

INVESTMENT PLAN.                                                   603          

      (E)  IF THE AUTHORITY DOES NOT CONTRACT WITH AN INVESTMENT   605          

AGENT TO INVEST VARIABLE COLLEGE SAVINGS PROGRAM FUNDS, THE        606          

AUTHORITY SHALL BE THE TRUSTEE OF THE PROGRAM.  IN SUCH EVENT,     608          

THE AUTHORITY SHALL RECEIVE AND HOLD ALL PAYMENTS, DEPOSITS, AND   609          

CONTRIBUTIONS, AS WELL AS GIFTS, BEQUESTS, ENDOWMENTS, AND         610          

FEDERAL, STATE, OR LOCAL GRANTS AND ANY FUNDS FROM ANY OTHER       611          

SOURCE, PUBLIC OR PRIVATE, AND ALL EARNINGS, UNTIL DISBURSED TO    612          

PAY TUITION OR OTHER HIGHER EDUCATION EXPENSES OR REFUNDS          613          

PURSUANT TO COLLEGE SAVINGS PLANS CONTRACTS.  THE AUTHORITY SHALL  614          

KEEP SUCH FUNDS SEGREGATED FROM ALL OTHER ASSETS OF THE            615          

AUTHORITY.                                                                      

      (F)  THE AUTHORITY AND ANY INVESTMENT AGENTS WITH WHICH IT   617          

CONTRACTS SHALL DISCHARGE THEIR DUTIES WITH RESPECT TO PROGRAM     618          

FUNDS WITH THE CARE AND DILIGENCE THAT A PRUDENT PERSON FAMILIAR   620          

WITH SUCH MATTERS AND WITH THE CHARACTER AND AIMS OF THE PROGRAM   621          

WOULD USE.                                                                      

                                                          15     


                                                                 
      (G)  THE ASSETS OF THE PROGRAM SHALL BE PRESERVED,           623          

INVESTED, AND EXPENDED SOLELY FOR THE PURPOSES OF THIS CHAPTER     624          

AND SHALL NOT BE LOANED OR OTHERWISE TRANSFERRED OR USED BY THE    626          

STATE FOR ANY OTHER PURPOSE.  THIS SECTION SHALL NOT BE CONSTRUED               

TO PROHIBIT THE AUTHORITY OR ITS INVESTMENT AGENTS FROM            628          

INVESTING, BY PURCHASE OR OTHERWISE, IN BONDS, NOTES, OR OTHER     629          

OBLIGATIONS OF THE STATE OR ANY AGENCY OR INSTRUMENTALITY OF THE   630          

STATE.  UNLESS OTHERWISE SPECIFIED BY THE AUTHORITY, ASSETS OF     631          

THE PROGRAM SHALL BE EXPENDED IN THE FOLLOWING ORDER OF PRIORITY:  632          

      (1)  TO MAKE PAYMENTS ON BEHALF OF BENEFICIARIES;            634          

      (2)  TO MAKE REFUNDS UPON TERMINATION OF VARIABLE COLLEGE    636          

SAVINGS PROGRAM CONTRACTS;                                         637          

      (3)  TO PAY THE COSTS OF PROGRAM ADMINISTRATION AND          639          

OPERATIONS.                                                                     

      (H)  NO RECORDS OF THE AUTHORITY INDICATING THE IDENTITY OF  641          

CONTRIBUTORS AND BENEFICIARIES UNDER THE PROGRAM OR AMOUNTS        642          

CONTRIBUTED TO, EARNED BY, OR DISTRIBUTED FROM PROGRAM ACCOUNTS    643          

ARE PUBLIC RECORDS WITHIN THE MEANING OF SECTION 149.43 OF THE     644          

REVISED CODE.                                                                   

      Sec. 3334.20.  (A)  THIS SECTION APPLIES ONLY IF THE OHIO    646          

TUITION TRUST AUTHORITY DOES NOT CONTRACT WITH AN INVESTMENT       648          

AGENT FOR THE PURPOSES SET FORTH IN SECTION 3334.19 OF THE         649          

REVISED CODE.                                                      650          

      (B)  THE ASSETS OF THE AUTHORITY RECEIVED UNDER THE          652          

VARIABLE COLLEGE SAVINGS PROGRAM SHALL BE PLACED IN A FUND, WHICH  653          

IS HEREBY CREATED AND SHALL BE KNOWN AS THE VARIABLE COLLEGE       655          

SAVINGS PROGRAM FUND.  THE FUND SHALL BE IN THE CUSTODY OF THE     656          

TREASURER OF STATE, BUT SHALL NOT BE PART OF THE STATE TREASURY.   657          

ALL SUCH ASSETS AND THE INTEREST AND INVESTMENT INCOME EARNED BY   658          

THE FUND, AND ALL OTHER RECEIPTS OF THE AUTHORITY FROM ANY OTHER   659          

SOURCE THAT THE AUTHORITY DETERMINES APPROPRIATE, SHALL BE         660          

DEPOSITED IN THE FUND.  NO CONTRIBUTOR OR BENEFICIARY UNDER THE    661          

VARIABLE COLLEGE SAVINGS PROGRAM SHALL HAVE ANY CLAIM AGAINST THE  662          

FUNDS OF ANY STATE INSTITUTION OF HIGHER EDUCATION.  ALL           663          

                                                          16     


                                                                 
INVESTMENT FEES AND OTHER COSTS INCURRED IN CONNECTION WITH THE    664          

EXERCISE OF THE INVESTMENT POWERS OF THE AUTHORITY PURSUANT TO                  

DIVISIONS (D) AND (E) OF THIS SECTION SHALL BE PAID FROM THE       665          

ASSETS OF THE FUND.                                                666          

      (C)(1)  EXCEPT AS MAY BE PROVIDED IN AN AGREEMENT UNDER      668          

DIVISION (A)(19) OF SECTION 3334.08 OF THE REVISED CODE, ALL       669          

DISBURSEMENTS FROM THE FUND SHALL BE MADE BY THE TREASURER OF      671          

STATE ON ORDER OF A DESIGNEE OF THE AUTHORITY.                     672          

      (2)  THE TREASURER OF STATE SHALL DEPOSIT ANY PORTION OF     674          

THE FUND NOT NEEDED FOR IMMEDIATE USE IN THE SAME MANNER AS STATE  675          

FUNDS ARE DEPOSITED.                                               676          

      (D)  THE AUTHORITY IS THE TRUSTEE OF THE FUND.  THE          678          

AUTHORITY SHALL HAVE FULL POWER TO INVEST THE ASSETS OF THE FUND   679          

AND IN EXERCISING THIS POWER SHALL BE SUBJECT TO THE LIMITATIONS   680          

AND REQUIREMENTS CONTAINED IN DIVISIONS (H) TO (J) OF THIS         682          

SECTION AND SECTIONS 145.112 AND 145.113 OF THE REVISED CODE.      683          

THE EVIDENCES OF TITLE TO ALL INVESTMENTS SHALL BE DELIVERED TO    684          

THE TREASURER OF STATE OR TO A QUALIFIED TRUSTEE DESIGNATED BY                  

THE TREASURER OF STATE AS PROVIDED IN SECTION 135.18 OF THE        685          

REVISED CODE.                                                      686          

      (E)  THE PUBLIC EMPLOYEES RETIREMENT BOARD SHALL, WITH THE   688          

APPROVAL OF THE AUTHORITY, EXERCISE THE INVESTMENT POWERS OF THE   689          

AUTHORITY AS SET FORTH IN DIVISION (D) OF THIS SECTION UNTIL THE   691          

AUTHORITY DETERMINES THAT ASSUMPTION AND EXERCISE BY THE                        

AUTHORITY OF THE INVESTMENT POWERS IS FINANCIALLY AND              692          

ADMINISTRATIVELY FEASIBLE.  THE INVESTMENT POWERS SHALL BE         693          

EXERCISED BY THE PUBLIC EMPLOYEES RETIREMENT BOARD IN A MANNER     694          

AGREED UPON BY THE AUTHORITY THAT MAXIMIZES THE RETURN ON          695          

INVESTMENT AND MINIMIZES THE ADMINISTRATIVE EXPENSES.              696          

      (F)  IN JANUARY OF EACH YEAR THE AUTHORITY SHALL REPORT TO   699          

EACH PERSON WHO RECEIVED ANY PAYMENTS OR REFUNDS FROM THE                       

AUTHORITY DURING THE PRECEDING YEAR INFORMATION RELATIVE TO THE    700          

VALUE OF THE PAYMENTS OR REFUNDS TO ASSIST IN DETERMINING THAT     701          

PERSON'S TAX LIABILITY.                                                         

                                                          17     


                                                                 
      (G)  THE AUTHORITY SHALL REPORT TO THE TAX COMMISSIONER ANY  703          

INFORMATION, AND AT THE TIMES, AS THE TAX COMMISSIONER REQUIRES    704          

TO DETERMINE ANY TAX LIABILITY THAT A PERSON MAY HAVE INCURRED     705          

DURING THE PRECEDING YEAR AS A RESULT OF HAVING RECEIVED ANY       707          

PAYMENTS OR REFUNDS FROM THE AUTHORITY.                                         

      (H)  TO FACILITATE INVESTMENT OF THE FUNDS, THE AUTHORITY    709          

MAY ESTABLISH A PARTNERSHIP, TRUST, LIMITED LIABILITY COMPANY,     710          

CORPORATION, INCLUDING A CORPORATION EXEMPT FROM TAXATION UNDER    712          

THE INTERNAL REVENUE CODE, 100 STAT. 2085, 26 U.S.C. 1, AS         714          

AMENDED, OR ANY OTHER LEGAL ENTITY AUTHORIZED TO TRANSACT          715          

BUSINESS IN THIS STATE.                                                         

      (I)  IN EXERCISING ITS FIDUCIARY RESPONSIBILITY WITH         717          

RESPECT TO THE INVESTMENT OF THE ASSETS OF THE FUND, IT SHALL BE   718          

THE INTENT OF THE AUTHORITY TO GIVE CONSIDERATION TO INVESTMENTS   719          

THAT ENHANCE THE GENERAL WELFARE OF THE STATE AND ITS CITIZENS     720          

WHERE THE INVESTMENTS OFFER QUALITY, RETURN, AND SAFETY            721          

COMPARABLE TO OTHER INVESTMENTS CURRENTLY AVAILABLE TO THE         722          

AUTHORITY.  IN FULFILLING THIS INTENT, EQUAL CONSIDERATION SHALL   723          

ALSO BE GIVEN TO INVESTMENTS OTHERWISE QUALIFYING UNDER THIS       724          

SECTION THAT INVOLVE MINORITY OWNED AND CONTROLLED FIRMS AND       725          

FIRMS OWNED AND CONTROLLED BY WOMEN, EITHER ALONE OR IN JOINT      726          

VENTURE WITH OTHER FIRMS.                                                       

      THE AUTHORITY SHALL ADOPT, IN REGULAR MEETING, POLICIES,     728          

OBJECTIVES, OR CRITERIA FOR THE OPERATION OF THE INVESTMENT PLAN   729          

THAT INCLUDE ASSET ALLOCATION TARGETS AND RANGES, RISK FACTORS,    730          

ASSET CLASS BENCHMARKS, TIME HORIZONS, TOTAL RETURN OBJECTIVES,    731          

AND PERFORMANCE EVALUATION GUIDELINES.  IN ADOPTING POLICIES AND   732          

CRITERIA FOR THE SELECTION OF AGENTS WITH WHOM THE AUTHORITY MAY   733          

CONTRACT FOR THE ADMINISTRATION OF THE ASSETS OF THE FUND, THE     734          

AUTHORITY SHALL GIVE EQUAL CONSIDERATION TO MINORITY OWNED AND     735          

CONTROLLED FIRMS, FIRMS OWNED AND CONTROLLED BY WOMEN, AND         736          

VENTURES INVOLVING MINORITY OWNED AND CONTROLLED FIRMS AND FIRMS   737          

OWNED AND CONTROLLED BY WOMEN THAT OTHERWISE MEET THE POLICIES     738          

AND CRITERIA ESTABLISHED BY THE AUTHORITY.  AMENDMENTS AND         739          

                                                          18     


                                                                 
ADDITIONS TO THE POLICIES AND CRITERIA SHALL BE ADOPTED IN         740          

REGULAR MEETING.  THE AUTHORITY SHALL PUBLISH ITS POLICIES,        741          

OBJECTIVES, AND CRITERIA UNDER THIS PROVISION NO LESS OFTEN THAN   742          

ANNUALLY AND SHALL MAKE COPIES AVAILABLE TO INTERESTED PARTIES.    743          

      WHEN REPORTING ON THE PERFORMANCE OF INVESTMENTS, THE        745          

AUTHORITY SHALL COMPLY WITH THE PERFORMANCE PRESENTATION           746          

STANDARDS ESTABLISHED BY THE ASSOCIATION FOR INVESTMENT            747          

MANAGEMENT AND RESEARCH.                                                        

      (J)  ALL INVESTMENTS SHALL BE PURCHASED AT CURRENT MARKET    749          

PRICES AND THE EVIDENCES OF TITLE TO THE INVESTMENTS SHALL BE      750          

PLACED IN THE HANDS OF THE TREASURER OF STATE, WHO IS HEREBY       752          

DESIGNATED AS CUSTODIAN THEREOF, OR IN THE HANDS OF THE TREASURER  753          

OF STATE'S AUTHORIZED AGENT.  THE TREASURER OF STATE OR THE AGENT  754          

SHALL COLLECT THE PRINCIPAL, DIVIDENDS, DISTRIBUTIONS, AND         755          

INTEREST THEREON AS THEY BECOME DUE AND PAYABLE AND PLACE THEM                  

WHEN SO COLLECTED INTO THE CUSTODIAL FUND.                         756          

      THE TREASURER OF STATE SHALL PAY FOR INVESTMENTS PURCHASED   758          

BY THE AUTHORITY ON RECEIPT OF WRITTEN OR ELECTRONIC INSTRUCTIONS  759          

FROM THE AUTHORITY OR THE AUTHORITY'S DESIGNATED AGENT             760          

AUTHORIZING THE PURCHASE AND PENDING RECEIPT OF THE EVIDENCE OF    761          

TITLE OF THE INVESTMENT BY THE TREASURER OF STATE OR THE           762          

TREASURER OF STATE'S AUTHORIZED AGENT.  THE AUTHORITY MAY SELL     763          

INVESTMENTS HELD BY THE AUTHORITY, AND THE TREASURER OF STATE OR   764          

THE TREASURER OF STATE'S AUTHORIZED AGENT SHALL ACCEPT PAYMENT     765          

FROM THE PURCHASER AND DELIVER EVIDENCE OF TITLE OF THE            766          

INVESTMENT TO THE PURCHASER ON RECEIPT OF WRITTEN OR ELECTRONIC    767          

INSTRUCTIONS FROM THE AUTHORITY OR THE AUTHORITY'S DESIGNATED      768          

AGENT AUTHORIZING THE SALE, AND PENDING RECEIPT OF THE MONEYS FOR  769          

THE INVESTMENTS.  THE AMOUNT RECEIVED SHALL BE PLACED IN THE       770          

CUSTODIAL FUND.  THE AUTHORITY AND THE TREASURER OF STATE MAY      771          

ENTER INTO AGREEMENTS TO ESTABLISH PROCEDURES FOR THE PURCHASE                  

AND SALE OF INVESTMENTS UNDER THIS DIVISION AND THE CUSTODY OF     772          

THE INVESTMENTS.                                                   773          

      NO PURCHASE OR SALE OF ANY INVESTMENT SHALL BE MADE UNDER    775          

                                                          19     


                                                                 
THIS SECTION EXCEPT AS AUTHORIZED BY THE AUTHORITY.                776          

      ANY STATEMENT OF FINANCIAL POSITION DISTRIBUTED BY THE       778          

AUTHORITY SHALL INCLUDE FAIR VALUE, AS OF THE STATEMENT DATE, OF   779          

ALL INVESTMENTS HELD BY THE AUTHORITY UNDER THIS SECTION.          780          

      Sec. 3334.21.  THE VARIABLE COLLEGE SAVINGS PROGRAM MAY BE   782          

TERMINATED BY STATUTE OR UPON THE DETERMINATION OF THE OHIO        783          

TUITION TRUST AUTHORITY THAT THE PROGRAM IS NOT FINANCIALLY        784          

FEASIBLE.  UPON TERMINATION, ALL AMOUNTS HELD IN PROGRAM ACCOUNTS  785          

SHALL BE RETURNED TO ACCOUNT OWNERS, TO THE EXTENT POSSIBLE, AND   786          

ANY UNCLAIMED ASSETS IN THE PROGRAM SHALL BE TRANSFERRED TO THE    787          

UNCLAIMED FUNDS TRUST FUND AND DISPOSED OF IN ACCORDANCE WITH      788          

SECTION 169.05 OF THE REVISED CODE.                                             

      Sec. 5747.01.  Except as otherwise expressly provided or     797          

clearly appearing from the context, any term used in this chapter  798          

has the same meaning as when used in a comparable context in the   799          

Internal Revenue Code, and all other statutes of the United        800          

States relating to federal income taxes.                           801          

      As used in this chapter:                                     803          

      (A)  "Adjusted gross income" or "Ohio adjusted gross         805          

income" means adjusted gross income as defined and used in the     806          

Internal Revenue Code, adjusted as provided in divisions (A)(1)    808          

to (17) of this section:                                                        

      (1)  Add interest or dividends on obligations or securities  810          

of any state or of any political subdivision or authority of any   811          

state, other than this state and its subdivisions and              812          

authorities.                                                                    

      (2)  Add interest or dividends on obligations of any         814          

authority, commission, instrumentality, territory, or possession   815          

of the United States that are exempt from federal income taxes     816          

but not from state income taxes.                                   817          

      (3)  Deduct interest or dividends on obligations of the      819          

United States and its territories and possessions or of any        820          

authority, commission, or instrumentality of the United States to  821          

the extent included in federal adjusted gross income but exempt    822          

                                                          20     


                                                                 
from state income taxes under the laws of the United States.       823          

      (4)  Deduct disability and survivor's benefits to the        825          

extent included in federal adjusted gross income.                  826          

      (5)  Deduct benefits under Title II of the Social Security   828          

Act and tier 1 railroad retirement benefits to the extent          829          

included in federal adjusted gross income under section 86 of the  830          

Internal Revenue Code.                                             831          

      (6)  Add, in the case of a taxpayer who is a beneficiary of  833          

a trust that makes an accumulation distribution as defined in      834          

section 665 of the Internal Revenue Code, the portion, if any, of  835          

such distribution that does not exceed the undistributed net       836          

income of the trust for the three taxable years preceding the      837          

taxable year in which the distribution is made.  "Undistributed    838          

net income of a trust" means the taxable income of the trust       839          

increased by (a)(i) the additions to adjusted gross income         840          

required under division (A) of this section and (ii) the personal  841          

exemptions allowed to the trust pursuant to section 642(b) of the  842          

Internal Revenue Code, and decreased by (b)(i) the deductions to   843          

adjusted gross income required under division (A) of this          844          

section, (ii) the amount of federal income taxes attributable to   845          

such income, and (iii) the amount of taxable income that has been  846          

included in the adjusted gross income of a beneficiary by reason   847          

of a prior accumulation distribution.  Any undistributed net       848          

income included in the adjusted gross income of a beneficiary      849          

shall reduce the undistributed net income of the trust commencing  850          

with the earliest years of the accumulation period.                851          

      (7)  Deduct the amount of wages and salaries, if any, not    853          

otherwise allowable as a deduction but that would have been        854          

allowable as a deduction in computing federal adjusted gross       855          

income for the taxable year, had the targeted jobs credit allowed  856          

and determined under sections 38, 51, and 52 of the Internal       857          

Revenue Code not been in effect.                                   858          

      (8)  Deduct any interest or interest equivalent on public    860          

obligations and purchase obligations to the extent included in     861          

                                                          21     


                                                                 
federal adjusted gross income.                                     862          

      (9)  Add any loss or deduct any gain resulting from the      864          

sale, exchange, or other disposition of public obligations to the  865          

extent included in federal adjusted gross income.                  866          

      (10)  Regarding tuition credits purchased under Chapter      868          

3334. of the Revised Code:                                         869          

      (a)  Deduct the following:                                   871          

      (i)  For credits that as of the end of the taxable year      874          

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    876          

amount of income related to the credits, to the extent included    877          

in federal adjusted gross income;                                               

      (ii)  For credits that during the taxable year have been     880          

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  881          

the total purchase price of the tuition credits refunded over the  882          

amount of refund, to the extent the amount of the excess was not   883          

deducted in determining federal adjusted gross income;             884          

      (b)  Add the following:                                      886          

      (i)  For credits that as of the end of the taxable year      889          

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    890          

amount of loss related to the credits, to the extent the amount    891          

of the loss was deducted in determining federal adjusted gross     892          

income;                                                                         

      (ii)  For credits that during the taxable year have been     895          

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  897          

the amount of refund over the purchase price of each tuition       898          

credit refunded, to the extent not included in federal adjusted    899          

gross income.                                                                   

      (11)  Deduct, in the case of a self-employed individual as   901          

defined in section 401(c)(1) of the Internal Revenue Code and to   902          

the extent not otherwise allowable as a deduction in computing     903          

                                                          22     


                                                                 
federal adjusted gross income for the taxable year, the amount     904          

paid during the taxable year for insurance that constitutes        906          

medical care for the taxpayer, the taxpayer's spouse, and                       

dependents.  No deduction under division (A)(11) of this section   908          

shall be allowed to any taxpayer who is eligible to participate    909          

in any subsidized health plan maintained by any employer of the    910          

taxpayer or of the spouse of the taxpayer.  No deduction under     911          

division (A)(11) of this section shall be allowed to the extent    912          

that the sum of such deduction and any related deduction           913          

allowable in computing federal adjusted gross income for the       914          

taxable year exceeds the taxpayer's earned income, within the      915          

meaning of section 401(c) of the Internal Revenue Code, derived    916          

by the taxpayer from the trade or business with respect to which   917          

the plan providing the medical coverage is established.            918          

      (12)  Deduct any amount included in federal adjusted gross   920          

income solely because the amount represents a reimbursement or     921          

refund of expenses that in a previous year the taxpayer had        922          

deducted as an itemized deduction pursuant to section 63 of the    923          

Internal Revenue Code and applicable United States department of   925          

the treasury regulations.                                                       

      (13)  Deduct any portion of the deduction described in       927          

section 1341(a)(2) of the Internal Revenue Code, for repaying      928          

previously reported income received under a claim of right, that   929          

meets both of the following requirements:                          930          

      (a)  It is allowable for repayment of an item that was       932          

included in the taxpayer's adjusted gross income for a prior       933          

taxable year and did not qualify for a credit under division (A)   934          

or (B) of section 5747.05 of the Revised Code for that year;       935          

      (b)  It does not otherwise reduce the taxpayer's adjusted    937          

gross income for the current or any other taxable year.            938          

      (14)  Deduct an amount equal to the deposits made to, and    940          

net investment earnings of, a medical savings account during the   941          

taxable year, in accordance with section 3924.66 of the Revised    942          

Code.  The deduction allowed by division (A)(14) of this section   943          

                                                          23     


                                                                 
does not apply to medical savings account deposits and earnings    944          

otherwise deducted or excluded for the current or any other        945          

taxable year from the taxpayer's federal adjusted gross income.    946          

      (15)(a)  Add an amount equal to the funds withdrawn from a   948          

medical savings account during the taxable year, and the net       949          

investment earnings on those funds, when the funds withdrawn were  950          

used for any purpose other than to reimburse an account holder     951          

for, or to pay, eligible medical expenses, in accordance with      952          

section 3924.66 of the Revised Code;                                            

      (b)  Add the amounts distributed from a medical savings      954          

account under division (A)(2) of section 3924.68 of the Revised    955          

Code during the taxable year.                                      956          

      (16)  Add any amount claimed as a credit under section       958          

5747.059 of the Revised Code to the extent that such amount        959          

satisfies either of the following:                                              

      (a)  The amount was deducted or excluded from the            961          

computation of the taxpayer's federal adjusted gross income as     962          

required to be reported for the taxpayer's taxable year under the  963          

Internal Revenue Code;                                                          

      (b)  The amount resulted in a reduction of the taxpayer's    965          

federal adjusted gross income as required to be reported for any   966          

of the taxpayer's taxable years under the Internal Revenue Code.   967          

      (17)  Deduct the amount contributed by the taxpayer to an    969          

individual development account program established by a county     970          

department of human services pursuant to sections 329.11 to        971          

329.14 of the Revised Code for the purpose of matching funds       972          

deposited by program participants.  On request of the tax          973          

commissioner, the taxpayer shall provide any information that, in               

the tax commissioner's opinion, is necessary to establish the      974          

amount deducted under division (A)(17) of this section.            975          

      (18)  DEDUCT CONTRIBUTIONS TO VARIABLE COLLEGE SAVINGS       977          

PROGRAM ACCOUNTS TO THE EXTENT PERMITTED UNDER DIVISION (B) OF     978          

SECTION 5747.70 OF THE REVISED CODE, AND TO THE EXTENT INCLUDED    979          

IN FEDERAL ADJUSTED GROSS INCOME.                                  980          

                                                          24     


                                                                 
      (19)  ADD AMOUNTS PREVIOUSLY EXEMPTED OR DEDUCTED UNDER      982          

SECTION 5747.70 OF THE REVISED CODE TO THE EXTENT THAT SUCH        983          

AMOUNTS CONSTITUTE DISTRIBUTIONS OR REFUNDS DURING THE TAXABLE     984          

YEAR FROM VARIABLE COLLEGE SAVINGS PROGRAM ACCOUNTS MADE FOR ANY   985          

REASON OTHER THAN PAYMENT OF TUITION OR OTHER HIGHER EDUCATION                  

EXPENSES OR THE BENEFICIARY'S DEATH, DISABILITY, OR RECEIPT OF A   986          

SCHOLARSHIP.                                                                    

      (B)  "Business income" means income arising  from            989          

transactions, activities, and sources in the regular course of a   990          

trade or business and includes income from tangible and            991          

intangible property if the acquisition, rental, management, and    992          

disposition of the property constitute integral parts of the       993          

regular course of a trade or business operation.                   994          

      (C)  "Nonbusiness income" means all income other than        996          

business income and may include, but is not limited to,            997          

compensation, rents and royalties from real or tangible personal   998          

property, capital gains, interest, dividends and distributions,    999          

patent or copyright royalties, or lottery winnings, prizes, and    1,000        

awards.                                                            1,001        

      (D)  "Compensation" means any form of remuneration paid to   1,003        

an employee for personal services.                                 1,004        

      (E)  "Fiduciary" means a guardian, trustee, executor,        1,006        

administrator, receiver, conservator, or any other person acting   1,007        

in any fiduciary capacity for any individual, trust, or estate.    1,008        

      (F)  "Fiscal year" means an accounting period of twelve      1,010        

months ending on the last day of any month other than December.    1,011        

      (G)  "Individual" means any natural person.                  1,013        

      (H)  "Internal Revenue Code" means the "Internal Revenue     1,015        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          1,016        

      (I)  "Resident" means:                                       1,018        

      (1)  An individual who is domiciled in this state, subject   1,020        

to section 5747.24 of the Revised Code;                            1,021        

      (2)  The estate of a decedent who at the time of death was   1,024        

domiciled in this state.  The domicile tests of section 5747.24    1,025        

                                                          25     


                                                                 
of the Revised Code and any election under section 5747.25 of the  1,026        

Revised Code are not controlling for purposes of division (I)(2)   1,027        

of this section.                                                                

      (J)  "Nonresident" means an individual or estate that is     1,029        

not a resident.  An individual who is a resident for only part of  1,030        

a taxable year is a nonresident for the remainder of that taxable  1,031        

year.                                                              1,032        

      (K)  "Pass-through entity" has the same meaning as in        1,034        

section 5733.04 of the Revised Code.                               1,035        

      (L)  "Return" means the notifications and reports required   1,037        

to be filed pursuant to this chapter for the purpose of reporting  1,038        

the tax due and includes declarations of estimated tax when so     1,039        

required.                                                          1,040        

      (M)  "Taxable year" means the calendar year or the           1,042        

taxpayer's fiscal year ending during the calendar year, or         1,043        

fractional part thereof, upon which the adjusted gross income is   1,044        

calculated pursuant to this chapter.                               1,045        

      (N)  "Taxpayer" means any person subject to the tax imposed  1,047        

by section 5747.02 of the Revised Code or any pass-through entity  1,048        

that makes the election under division (D) of section 5747.08 of   1,049        

the Revised Code.                                                               

      (O)  "Dependents" means dependents as defined in the         1,051        

Internal Revenue Code and as claimed in the taxpayer's federal     1,052        

income tax return for the taxable year or which the taxpayer       1,053        

would have been permitted to claim had the taxpayer filed a        1,054        

federal income tax return.                                         1,056        

      (P)  "Principal county of employment" means, in the case of  1,058        

a nonresident, the county within the state in which a taxpayer     1,059        

performs services for an employer or, if those services are        1,060        

performed in more than one county, the county in which the major   1,061        

portion of the services are performed.                             1,062        

      (Q)  As used in sections 5747.50 to 5747.55 of the Revised   1,064        

Code:                                                                           

      (1)  "Subdivision" means any county, municipal corporation,  1,066        

                                                          26     


                                                                 
park district, or township.                                        1,067        

      (2)  "Essential local government purposes" includes all      1,069        

functions that any subdivision is required by general law to       1,070        

exercise, including like functions that are exercised under a      1,071        

charter adopted pursuant to the Ohio Constitution.                 1,072        

      (R)  "Overpayment" means any amount already paid that        1,074        

exceeds the figure determined to be the correct amount of the      1,075        

tax.                                                               1,076        

      (S)  "Taxable income" applies to estates only and means      1,078        

taxable income as defined and used in the Internal Revenue Code    1,079        

adjusted as follows:                                               1,080        

      (1)  Add interest or dividends on obligations or securities  1,082        

of any state or of any political subdivision or authority of any   1,083        

state, other than this state and its subdivisions and              1,084        

authorities;                                                       1,085        

      (2)  Add interest or dividends on obligations of any         1,087        

authority, commission, instrumentality, territory, or possession   1,088        

of the United States that are exempt from federal income taxes     1,089        

but not from state income taxes;                                   1,090        

      (3)  Add the amount of personal exemption allowed to the     1,092        

estate pursuant to section 642(b) of the Internal Revenue Code;    1,093        

      (4)  Deduct interest or dividends on obligations of the      1,095        

United States and its territories and possessions or of any        1,096        

authority, commission, or instrumentality of the United States     1,097        

that are exempt from state taxes under the laws of the United      1,098        

States;                                                            1,099        

      (5)  Deduct the amount of wages and salaries, if any, not    1,101        

otherwise allowable as a deduction but that would have been        1,102        

allowable as a deduction in computing federal taxable income for   1,103        

the taxable year, had the targeted jobs credit allowed under       1,104        

sections 38, 51, and 52 of the Internal Revenue Code not been in   1,105        

effect;                                                            1,106        

      (6)  Deduct any interest or interest equivalent on public    1,108        

obligations and purchase obligations to the extent included in     1,109        

                                                          27     


                                                                 
federal taxable income;                                            1,110        

      (7)  Add any loss or deduct any gain resulting from sale,    1,112        

exchange, or other disposition of public obligations to the        1,113        

extent included in federal taxable income;                         1,114        

      (8)  Except in the case of the final return of an estate,    1,116        

add any amount deducted by the taxpayer on both its Ohio estate    1,117        

tax return pursuant to section 5731.14 of the Revised Code, and    1,118        

on its federal income tax return in determining either federal     1,119        

adjusted gross income or federal taxable income;                   1,120        

      (9)  Deduct any amount included in federal taxable income    1,122        

solely because the amount represents a reimbursement or refund of  1,123        

expenses that in a previous year the decedent had deducted as an   1,124        

itemized deduction pursuant to section 63 of the Internal Revenue  1,125        

Code and applicable treasury regulations;                          1,126        

      (10)  Deduct any portion of the deduction described in       1,128        

section 1341(a)(2) of the Internal Revenue Code, for repaying      1,129        

previously reported income received under a claim of right, that   1,130        

meets both of the following requirements:                          1,131        

      (a)  It is allowable for repayment of an item that was       1,133        

included in the taxpayer's taxable income or the decedent's        1,134        

adjusted gross income for a prior taxable year and did not         1,135        

qualify for a credit under division (A) or (B) of section 5747.05  1,136        

of the Revised Code for that year.                                 1,137        

      (b)  It does not otherwise reduce the taxpayer's taxable     1,139        

income or the decedent's adjusted gross income for the current or  1,140        

any other taxable year.                                            1,141        

      (11)  Add any amount claimed as a credit under section       1,143        

5747.059 of the Revised Code to the extent that the amount         1,144        

satisfies either of the following:                                 1,145        

      (a)  The amount was deducted or excluded from the            1,147        

computation of the taxpayer's federal taxable income as required   1,148        

to be reported for the taxpayer's taxable year under the Internal  1,149        

Revenue Code;                                                                   

      (b)  The amount resulted in a reduction in the taxpayer's    1,151        

                                                          28     


                                                                 
federal taxable income as required to be reported for any of the   1,152        

taxpayer's taxable years under the Internal Revenue Code.          1,153        

      (T)  "School district income" and "school district income    1,155        

tax" have the same meanings as in section 5748.01 of the Revised   1,156        

Code.                                                              1,157        

      (U)  As used in divisions (A)(8), (A)(9), (S)(6), and        1,159        

(S)(7) of this section, "public obligations," "purchase            1,160        

obligations," and "interest or interest equivalent" have the same  1,161        

meanings as in section 5709.76 of the Revised Code.                1,162        

      (V)  "Limited liability company" means any limited           1,164        

liability company formed under Chapter 1705. of the Revised Code   1,165        

or under the laws of any other state.                              1,166        

      (W)  "Pass-through entity investor" means any person who,    1,168        

during any portion of a taxable year of a pass-through entity, is  1,169        

a partner, member, shareholder, or investor in that pass-through   1,170        

entity.                                                                         

      (X)  "Banking day" has the same meaning as in section        1,172        

1304.01 of the Revised Code.                                       1,173        

      (Y)  "Month" means a calendar month.                         1,175        

      (Z)  "Quarter" means the first three months, the second      1,177        

three months, the third three months, or the last three months of  1,178        

the taxpayer's taxable year.                                                    

      (AA)  Any term used in this chapter that is not otherwise    1,180        

defined in this section and that is not used in a comparable       1,181        

context in the Internal Revenue Code and other statutes of the     1,182        

United States relating to federal income taxes has the same        1,183        

meaning as in section 5733.40 of the Revised Code.                 1,184        

      Sec. 5747.70.  (A)  EARNINGS ON CONTRIBUTIONS MADE TO A      1,186        

VARIABLE COLLEGE SAVINGS PROGRAM ACCOUNT ESTABLISHED UNDER         1,187        

CHAPTER 3334. OF THE REVISED CODE ARE EXEMPT FROM OHIO STATE       1,188        

INCOME TAXATION.                                                                

      (B)  IN COMPUTING OHIO ADJUSTED GROSS INCOME, A DEDUCTION    1,190        

FROM FEDERAL ADJUSTED GROSS INCOME IS ALLOWED TO A CONTRIBUTOR     1,191        

FOR THE AMOUNT CONTRIBUTED DURING THE TAXABLE YEAR TO A VARIABLE   1,192        

                                                          29     


                                                                 
COLLEGE SAVINGS PROGRAM ACCOUNT AND TO A PURCHASER OF TUITION      1,193        

CREDITS UNDER THE OHIO COLLEGE SAVINGS PROGRAM CREATED BY CHAPTER  1,194        

3334. OF THE REVISED CODE IF THE AMOUNTS OF SUCH CONTRIBUTIONS     1,196        

AND PURCHASES ARE NOT DEDUCTED ON THE CONTRIBUTOR'S FEDERAL                     

INCOME TAX RETURN.  THE COMBINED AMOUNT OF CONTRIBUTIONS AND       1,198        

PURCHASES DEDUCTED ON ANY INDIVIDUAL INCOME TAX RETURN IN ANY      1,200        

TAXABLE YEAR IS LIMITED TO TWO THOUSAND DOLLARS FOR EACH                        

BENEFICIARY FOR WHOM CONTRIBUTIONS OR PURCHASES ARE MADE.  THE     1,201        

DEDUCTION ALLOWED UNDER THIS SECTION IS NOT TRANSFERABLE.  IF THE  1,203        

COMBINED ANNUAL CONTRIBUTIONS AND PURCHASES FOR A BENEFICIARY      1,204        

EXCEED TWO THOUSAND DOLLARS, THE EXCESS MAY BE CARRIED FORWARD     1,205        

AND SUBTRACTED IN FUTURE TAXABLE YEARS UNTIL THE CONTRIBUTIONS     1,206        

AND PURCHASES HAVE BEEN FULLY DEDUCTED.                            1,208        

      (C)  AMOUNTS EXEMPTED OR DEDUCTED UNDER THIS SECTION SHALL   1,210        

BE TAXED IN THE TAXABLE YEARS IN WHICH DISTRIBUTIONS OR REFUNDS    1,211        

ARE MADE FOR ANY REASON OTHER THAN PAYMENT OF TUITION OR OTHER     1,212        

HIGHER EDUCATION EXPENSES OR THE BENEFICIARY'S DEATH, DISABILITY,  1,213        

OR RECEIPT OF A SCHOLARSHIP.                                                    

      Section 2.  That existing sections 3334.01, 3334.02,         1,215        

3334.08, 3334.10, 3334.12, 3334.15, and 5747.01 of the Revised     1,216        

Code are hereby repealed.                                          1,217