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PRIOR PRINTER'S NO. 107
PRINTER'S NO. 1321
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
122
Session of
2015
INTRODUCED BY DELOZIER, CALTAGIRONE, GABLER, GRELL, A. HARRIS,
M. K. KELLER, LAWRENCE, MURT, REGAN AND STEPHENS,
JANUARY 21, 2015
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 21, 2015
AN ACT
Amending Title 20 (Decedents, Estates and Fiduciaries) of the
Pennsylvania Consolidated Statutes, IN MINORS, PROVIDING FOR
TUITION ACCOUNT PROGRAM; AND, in Pennsylvania Uniform
Transfers to Minors Act, further providing for court
authorization of a transfer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5306(c)(3) of Title 20 of the
Pennsylvania Consolidated Statutes is amended to read:
SECTION 1. TITLE 20 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A SECTION TO READ:
§ 5104. TUITION ACCOUNT PROGRAM.
(A) GENERAL RULE.--WITHOUT THE APPOINTMENT OF A GUARDIAN,
ANY AMOUNT IN CASH OF A RESIDENT OR NONRESIDENT MINOR MAY BE
ORDERED BY THE COURT TO BE DEPOSITED INTO AN ACCOUNT ESTABLISHED
UNDER SECTION 309 OF THE ACT OF APRIL 3, 1992 (P.L.28, NO.11),
KNOWN AS THE TUITION ACCOUNT PROGRAMS AND COLLEGE SAVINGS BOND
ACT, IN THE NAME OF THE MINOR. AN ORDER SHALL NAME A CUSTODIAN
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OF THE ACCOUNT, WHICH SHALL BE THE PARENT, PERSON OR INSTITUTION
MAINTAINING THE MINOR. THE AMOUNT DEPOSITED SHALL NOT EXCEED THE
MAXIMUM ALLOWED FOR ONE INDIVIDUAL IN SUCH AN ACCOUNT. ANY
AMOUNT NOT SO DEPOSITED MAY BE HANDLED AS PROVIDED IN SECTION
5101 (RELATING TO WHEN GUARDIAN UNNECESSARY), 5102 (POWER OF
NATURAL GUARDIAN) OR 5103 (RELATING TO SEQUESTERED DEPOSIT).
EVERY ORDER SHALL CONTAIN A PROVISION THAT NO WITHDRAWAL CAN BE
MADE FROM ANY SUCH ACCOUNT UNTIL THE MINOR ATTAINS MAJORITY,
EXCEPT AS AUTHORIZED BY A PRIOR ORDER OF THE COURT OR WHEN USED
BY THE CUSTODIAN TO PAY FOR QUALIFIED HIGHER EDUCATION EXPENSES
OF THE MINOR.
(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM
"QUALIFIED HIGHER EDUCATION EXPENSES" SHALL HAVE THE MEANING
GIVEN TO IT IN SECTION 302 OF THE TUITION ACCOUNT PROGRAMS AND
COLLEGE SAVINGS BOND ACT.
SECTION 2. SECTION 5306(C)(3) OF TITLE 20 IS AMENDED TO
READ:
§ 5306. Other transfer by fiduciary.
* * *
(c) Additional requirements for transfer.--A transfer under
subsection (a) or (b) may be made only if:
* * *
(3) the transfer is authorized by the court if it
exceeds [$25,000] $50,000 in value.
Section 2 3. The amendment of 20 Pa.C.S. § 5306(c)(3) shall
apply to transfers initiated on or after the effective date of
this act.
Section 3 4. This act shall take effect in 60 days.
20150HB0122PN1321 - 2 -
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