(a) "Account" means a prepaid tuition account or a savings plan account established in accordance with this article.
(b) "Account owner" means the individual, corporation, association, partnership, trust or other legal entity who enters into a prepaid tuition contract and is obligated to make payments in accordance with the prepaid tuition contract or who enters into a savings plan contract and invests money in a savings plan account.
(c) "Beneficiary" means the individual designated as a beneficiary at the time an account is established, the individual designated as the beneficiary when beneficiaries are changed, the individual entitled to receive distributions from an account, and any individual designated by the account owner, his or her agent or his or her estate in the event the beneficiary is unable or unwilling to receive distributions under the terms of the contract.
(d) "Board" means the board of trustees of the college prepaid tuition and savings program as provided in section four of this article.
(e) "Distribution" means any disbursement from an account in accordance with 26 U.S.C. §529.
(f) "Eligible educational institution" means an institution of higher education that qualifies under 26 U.S.C. §529 as an eligible educational institution.
(g) "Prepaid tuition account" means an account established by an account owner pursuant to this article in order for the beneficiary to apply distributions in accordance with the prepaid tuition plan.
(h) "Prepaid tuition contract" means a contract entered into by the board and an account owner establishing a prepaid tuition account.
(i) "Prepaid tuition plan" means the plan that contractually guarantees payment of tuition at a West Virginia public eligible educational institution.
(j) "Program" means the West Virginia college prepaid tuition and savings program established under this article.
(k) "Qualified higher education expenses" mean higher education expenses permitted under 26 U.S.C. §529 for enrollment or attendance of a beneficiary at an eligible educational institution.
(l) "Savings plan" means the plan that allows account distributions for qualified higher educational expenses.
(m) "Savings plan account" means an account established by an account owner pursuant to this article in order for the beneficiary to apply distributions toward qualified higher education expenses at eligible educational institutions.
(n) "Savings plan contract" means a contract entered into by the board or its agent, if any, and an account owner establishing a savings plan account.
(o) "Treasurer" means the West Virginia state treasurer.
(p) "Tuition" means the quarter, semester or term undergraduate charges imposed by an eligible educational institution and all mandatory fees required as a condition of enrollment by all students for full-time attendance.
Note: WV Code updated with legislation passed through the 2012 1st Special Session