Del. Code Ann. tit. 14, § 3485
Definitions
71 Del. Laws, c. 71, § 1; 72 Del. Laws, c. 300, §§ 1, 2; 73 Del. Laws, c. 188, § 2; 76 Del. Laws, c. 149, §§ 1-3; 80 Del. Laws, c. 295, § 1; 83 Del. Laws, c. 413, § 1;
As used in this subchapter:
- (1) “Account” means an individual account, a trust account or a savings account established in accordance with this subchapter.
- (2) “Account owner” means the individual, individuals, or the trustee of a trust identified at the time the account is opened as having the right to withdraw funds from the account.
- (3) “Board” means the Plans Management Board pursuant to § 2722 of Title 29.
- (4) “Designated beneficiary” means, except as provided in § 3490 of this title, the individual designated at the time the account is opened as having the right to receive a qualified withdrawal for the payment of qualified education expenses or, if such designated beneficiary is replaced in accordance with § 3490 of this title, such replacement.
- (5) “Financial institution” means a bank, a commercial bank, a national bank, a savings bank, a savings and loan, a thrift institution, a credit union, an insurance company, a trust company, a mutual fund, an investment firm or other similar entity authorized to do business in this State.
- (6) “Higher education institution” means an eligible education institution as defined in 26 U.S.C. § 135(c)(3).
- (7) “Member of the family” shall have the same meaning as contained in 26 U.S.C. § 529(e) or successor section.
(8) “Nonqualified withdrawal” means a withdrawal from an account that is not:
- a. A qualified withdrawal;
- b. A withdrawal made as the result of the death or disability of the designated beneficiary;
- c. A withdrawal made as the result of a scholarship (or allowance or payment described in 26 U.S.C. § 135(d)(1)(B) or (C)) received by the designated beneficiary, but only to the extent of the amount of such scholarship, allowance or payment; or
- d. A rollover or change in the designated beneficiary described in § 3490 of this title.
- (9) “Plan” means the DE529 Education Savings Plan established by this subchapter.
- (10) “Qualified education expenses” means tuition and other permitted expenses as set forth in 26 U.S.C. § 529(e) or as hereafter permitted by such successor or amended section for the enrollment or attendance of a designated beneficiary at a education institution.
- (11) “Qualified withdrawal” means a withdrawal from an account to pay the qualified education expenses of the designated beneficiary, but only if the withdrawal is made in accordance with the requirements of the Plan.
- (12) “Trust” means a trust which is revocable or irrevocable and which has at least 1 individual as its current beneficiary.
71 Del. Laws, c. 71, § 1; 72 Del. Laws, c. 300, §§ 1, 2; 73 Del. Laws, c. 188, § 2; 76 Del. Laws, c. 149, §§ 1-3; 80 Del. Laws, c. 295, § 1; 83 Del. Laws, c. 413, § 1